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Old May 13, 2004, 07:51 am   #1 (permalink) (top)
Allan
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The Bill of Rights +

Introduction:

The United States Constitution is a document that was written to
grant specified powers to a centralized authority. Any thing, any
power, not specified within the Constitution as being granted to
this 'federal' government, or specifically denied to the individual
States, remains within the authority of the individual States and of
the people. In reality, the United States Constitution was written
to govern "government(s)" And also in reality, the United States
Constitution is the supreme law of the government(s). When the
United States, or any one of the States violates the Constitution
without reprisal they, for all intents and purposes, make it null
and void.

The Constitution was not written to control the people, nor to give
any rights to the people. It is written to control the centralized
government that the people felt they needed in order to defend
themselves and their States from foreign influences and invasion,
and to dispel certain disagreements between the States.

All words have meaning. It is often too easy to overlook the meaning
of the most simple, most common words in the English language. But
without a full understanding of the meaning of the words, within the
context of their usage, it is impossible to understand the true
intent of any written document. The Constitution is hanging on a
precipice of extreme danger. If we don't reclaim it now, it will be
gone forever.

Benjamin Franklin said the Constitution would be a "blessing to the
people if well administered, and (believed) farther that it is
likely to be well administered for a course of years, and can only
end in Despotism, as other forms have done before it, when the
people shall become so corrupted as to need despotic Government,
being incapable of any other." (Convention notes of James Madison)
Of Article 1 Section 9, James Madison wrote, in The Federalist,
#44: "--legislative interference is but the first link in a long
chain of repetitions; every subsequent interference being naturally
produced by the effects of the preceding." Courts of law refer to
this as setting a precedent. Once Congress is allowed to usurp the
powers that belong to the people or to the States, it is seen as
grounds for the next usurpation.

Apparently his warning applies to the entire Constitution! If we
remember this warning as we study just what it is that the United
States government is allowed to do, and look at just what it, in all
three of its branches is doing, we might understand just what a
perilous time it is for our Constitution, and for We The People.

As you study, remember, the people are granting rights (powers) to a
governing body with the Constitution. The governing body does not
yet exist. A nonexistent entity has no power, and therefore is
incapable of granting rights, or anything else.

Definition Sources: American Heritage Dictionary (Computer
version). - Webster’s New World Dictionary of the American
Language - Grolier Multimedia Encyclopedia - Miracle at Philadelphia.- The Federalist Papers.- The Anti-Federalist Papers and the Constitutional Convention Debates.

The Spirit (real meaning; true intention) of the Constitution:


The Preamble

We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for
the common defense, promote the general Welfare, and secure the
Blessings of Liberty to ourselves and our Posterity, do ordain and
establish this Constitution for the United States of America.
* more perfect Union (than the Articles of Confederation, then in
existence)
* establish (to set up; found)
* justice (fairness)
* insure (cause confidence in, [not force])
* domestic (indigenous to a particular country [these 50 States])
* provide (furnish; supply)
* common (relating to the community as a whole; public)
* defense (act of defending against attack, danger, or injury)
* promote (endorse and encourage, [not provide for or give])
* general Welfare,(common [not individual] prosperity)
* secure (guard from danger or risk of loss)
* Posterity (future generations)
* ordain (order by virtue of superior authority; decree or enact)
* Constitution (the system of fundamental laws and principles that
prescribes the nature, functions, and limits of a government [note:
of a government, not of the people])
* for (on behalf of)

1.. The Preamble to the Constitution, names the parties who are
creating the document: We the People of the States who will ratify /
approve this Constitution;
2.. Lists the reason for creating the document:
3.. To form a more perfect union than existed under the Articles of
Confederation;
4.. To insure domestic tranquility, or stop the squabbling that was
occurring between the States in regards to their individual duties
to the Confederacy;
5.. To provide for the common defense, to allay fears of foreign
invasion;
6.. To promote, the general welfare; and
7.. To secure the Blessings of Liberty to ourselves and our
Posterity.
8.. It should be noted, that all of the above causes for
restructuring the Confederacy are specifically for the United States
of America. There is no provision for any other nation or nation's
people, to be the recipients of our generosities or
responsibilities;
9.. Gives the end result of these desires:
10. We the people ordain and establish the Constitution for the
United States of America; for the new union; for the new
federated "government."
11. NOTE: It is important to remember that the people are recognized
as having the superior authority, and the people are agreeing to
authorize a defined, limited form of government, not the formation
of a new Nation, to perform certain acts on the behalf of the
people. The States were to remain 13, (now 50) separate
Nation/States.
12.. The Constitution makes no demand whatsoever upon an individual,
non-government, private citizen.


Bill of Rights

Article of Amendment #1

Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievance.
* respecting (concerning)
* free (unrestricted)
* exercise (practice; performing a customary action)
* abridging (reducing; curtailing)
* speech (something spoken; an utterance; vocal communication;
conversation)
* press (those who collect and publish or, broadcast news;
journalism in general; the entirety of media and agencies that
transmit the news)
* assemble (gather together; congregate)
* petition (request)
* redress (correction or reformation)
* grievances (complaints)

1.. This amendment is specifically aimed at the U.S. Congress, who
has the soul power of legislation. It does not forbid States from
making laws on the matters that follow; it says Congress shall make
no law---
2.. forbids Congress from interfering in any religious practice, and
from giving preferences to one religion over another;
3.. forbids Congress from interfering with the right possessed by
the people to worship as they please;
4.. forbids Congress (not the individual States) from making laws
that prohibit or reduce the right possessed by the people to speak
their minds.
5.. speech does not mean to burn flags, hold lewd parades, or to
display or disseminate, into the public arena, vulgarities. Speech
is the spoken word, for which common law has always held one liable
to damages done as a result of false witness, or from inciting
(provoking) physical harm to others;
6.. Forbids Congress from making laws that prohibit or restrict the
press (news agencies) from telling the truth;
7.. does not give the press free reign to publish lies; does not
give perverts the right to print vulgarities, much less, to
disseminate lewd photos, paintings, etc into the public arena;
8.. forbids Congress (not the individual States) from making laws
that prohibit or restrict people from peaceably assembling (getting
together, for peaceful purposes);
9.. forbids Congress from making laws that prohibit or restrict the
people and individual States from requesting corrections or changes
in the way the U.S. government is doing a thing.

Article of Amendment #2

A well regulated Militia, being necessary to the security of a Free
State, the right of the people to keep and bear Arms, shall not be
infringed.
* regulated (subject to regulation of superior authority) - (not
exactly correct, except perhaps when actually “called into the
service of the U.S.” - AH)
* Militia (army composed of ordinary citizens rather than
professional soldiers)
* security (freedom from risk or danger; safety)
* right (just or legal claim or title)
* people (the mass of ordinary persons; the populace)
* keep (retain possession of)
* bear (carry on one's person; convey)
* Arms (weapons, especially firearms)
* infringed (transgressed; violated; defeated; invalidated;
encroached upon)

1.. Forbids both the United States government and any State or local
government from making any laws that will restrict or violate the
right the people already possess: to have and to carry firearms.
2.. All possible members of the citizens' militia (by U.S. law, all
able body males between the ages of 18 and 45) are intended to have
firearms according to Article 1, Section 8, clauses 15 and 16.
3.. Webster's New World dictionary says the militia is all able-
bodied male citizens between 18 and 45 years old who are not already
members of the regular armed forces: the National Guard and Reserve
Corps constitute the organized militia ; all others, the unorganized
militia.
4.. NOTE: All historical writing by the founders of this
Constitution, and those who fought for freedom from British rule,
express the greatest fear of the disarmament of the common people.
5.. James Madison, in an attempt to dispel the fear of the federal
government encroaching upon the authority of the States, described
the largest possible United States army at the time as "no more that
25 or 30 thousand men", while the States would have
militia "amounting to nearly half a million of citizens with arms."
(at least 16 to 1 in favor of the citizens!) and went on to use the
words: "Besides the advantage of being armed, which the Americans
possess over the people of almost every other nation--", and that
several kingdoms of Europe "are afraid to trust the people with
arms." The Federalist Papers #46
6.. In the Declaration of Independence one of the complaints against
King George was: "He has affected to render the military independent
of and superior to the Civil power." Taking from or reducing the
quality of arms held by civilians renders the military as the
supreme (armed) authority!

Article of Amendment #3

No Soldier shall, in time of peace be quartered in any house,
without the consent of the Owner, nor in time of war, but in a
manner prescribed by law.
* quartered (furnished with housing)
* but (except [in time of war])
* law (legislated by Congress)

Article of Amendment #4

The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be
seized.
* right (just or legal claim or title)
* people (the mass of ordinary persons; the populace)
* be secure (free from fear, care, doubt, or anxiety; not worried,
troubled, or apprehensive)
* persons (living bodies of human beings)
* houses (places of residence)
* papers (collection of letters, diaries, and other writings,
especially by one person. Commercial documents that represent value
and can be transferred from owner to owner; negotiable instruments
considered as a group.)
* effects (movable belongings; goods)
* unreasonable (not governed by reason)
* seizures (taken into custody; capture)
* violated (desecrated or defiled)
* Warrants (judicial writs authorizing an officer to make a search,
a seizure, or an arrest or to execute a judgment)
* issue (go or come out)
* probable (likely to happen or to be true)
* cause (reason, ground for legal action)
* particularly (with particular reference or emphasis)

1.. The word definitions fully explain the intent of this amendment.
2.. Note: "John Doe" warrants and "Dynamic Entry" policies of
federal, State, or local police agencies violate this Article of
Amendment, as do seatbelt and sobriety checkpoints.

Article of Amendment #5

No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in the
Militia, when in actual service in time of War or public danger; nor
shall any person be subject for the same offence to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life
liberty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation.
* person (living human being)
* capital (punishable by death)
* infamous (punishable by severe measures, such as long
imprisonment, or loss of civil rights)
* indictment (formal accusation)
* land or naval forces (military)
* Militia (see Article of Amendment #2)
* actual (existing and not merely potential or possible)
* jeopardy (peril or danger)
* limb (freedom of movement)
* compelled (forced)
* liberty (free from restriction or control)
* just (properly due or merited)
* compensation (payment or reparation)

Article of Amendment #6

In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed, which district
shall have been previously ascertained by law, and to be informed of
the nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of Counsel for
his defense.
* impartial (not biased; unprejudiced)
* wherein (in which location)
* compulsory (obligatory; required)
* process (serve with a summons or writ)
* Counsel (advice or guidance)

1.. Requires quick and public trials for criminal prosecutions.
2.. Forbids long jail time without a trial, and forbids holding
trials in secret.
3.. Repeats Article III Section 2, Clause 3 requirement that trials
be held where the crime was committed;
4.. Requires the accused to have the opportunity to call witnesses
in his favor, and to have the assistance of an attorney or
knowledgeable help.

Article of Amendment #7

In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and
no fact tried by a jury, shall be otherwise reexamined in any Court
of the United States, than according to the rules of the common law.
* suits (court proceedings)
* common law (laws based on customs and usages rather than on
codified written laws)
* preserved (maintained)

1.. Groliers Encyclopedia says: Unlike civil law, common law was not
embodied in a text or code: it evolved case after case through court
decisions; the common-law judge did not consult an official text
before rendering his judgment but drew instead upon precedents
established by other court decisions.
2.. This Clause appears to apply to cases for which no exact code of
law exists.

Article of Amendment #8

Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
* Excessive (exceeding what is normal or sufficient)
* cruel and unusual (inflict excessive pain or suffering in an
unusual, uncommon, or extraordinary fashion)

1.. Requires reasonable bail and fines, and reasonable punishments
for all crimes.

Article of Amendment #9

The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
* enumeration (count off or name one by one; list)
* certain (some)
* construed (interpreted)
* deny (reject)
* disparage (reduce in esteem or rank)
* others (the remaining ones)
* retained (kept or maintained possession of)

1.. Declares that the people's rights listed in this Bill of Rights
are not the only rights, nor the first, nor the most important
rights;
2.. That the people retain, or keep for themselves, rights they
already possessed, whether they are listed or not listed.

Article of Amendment #10

The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
* delegated (given; granted)
* reserved (kept back or set aside)
* respectively (individually)

1.. Demands that any power not given to the central or federal
government, within this Constitution, and any power not expressly
prohibited to the State governments by this Constitution are kept
back, or set aside (permanently) to the States or to the people.
2.. There is no constitutional mandate as to which powers belong to
the individuals and which to the State, (except those declared
within the Constitution, including this Bill of Rights) because this
document does not pretend to declare the States or the people to be
under its jurisdiction, except in the specified matters listed
within this Constitution.
3.. NOTE: Remember, the people are granting rights (powers) to a
governing body with this Constitution. The governing body does not
yet exist, and so is incapable of granting rights.
4.. The first 8 Articles of Amendment attempt to preserve specific
rights of the people. The last two Articles of Amendment attempt to
clarify the fact that these are not rights that ever belonged to the
(any) United States government, and therefore are not under that
government's jurisdiction.

The Oath of Office;

Article II

Clause 8. The President shall, …

Clause 9. Before he enter on the Execution of his Office, He shall
take the following Oath or Affirmation:- "I do solemnly swear (or
affirm) that I will faithfully execute the Office of President of
the United States, and will to the best of my Ability, preserve,
protect and defend the Constitution of the United States."
* faithfully (be consistent with truth or actuality)
* execute (perform)
* preserve (keep in perfect or unaltered condition; maintain
unchanged)
* protect (keep from being damaged, attacked, stolen, or injured;
guard)
* defend (to make or keep safe from danger, attack, or harm; to
support or maintain)

1.. Requires the President to lawfully agree to preserve, protect
and defend the Constitution of the United States.
2.. Note: When the President assumes any power or takes any action
whatsoever, not granted to him in Sections 2 and 3 of this Article,
or specifically granted to him in any part of the Constitution he is
violating the law, and is subject to impeachment.

Article VI

Clause 3. The Senators and Representatives before mentioned, and the
Members of the several State Legislatures, and all executive and
judicial Officers, both of the United States and of the several
States shall be bound by Oath or Affirmation, to support this
Constitution; but no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United States.
* several (individual)
* be bound (placed under legal obligation)
* support (keep from weakening or failing)
* religious (having or showing belief in and reverence for God or a
deity)

Prepared by
Joanne Campbell


Citizen’s duty in citizenship;
By
Allan Hampton

In America, the Republic, the U.S. Constitution is the Ruler of U.S.
Governments and Citizens are the enforcer of that Ruler. Citizens
have only three “powers” available to use to enforce the Law
of the Constitution on government. Those “powers” are; the Ballot
Box (to elect a citizen that will honor the oath of office to a public position; that is the only proper/right/legal/legitimate
constitutional reason anyone is elected to public office in
constitutional America; a Ballot cast for the wrong reason is a
wasted vote), the Jury Box (to dispense justice and protect citizens
from government abuse with legislation), the Cartridge Box (the last
resort to maintain the Republic and Liberty (citizen’s freedom).

Posted by
Allan Hampton
1804 S Tampa
Russellville, Arkansas 72802
Ph. 479-967-8078
Yahoo Messenger – allanhampton2001
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