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What They Didn't Teach You in School, June 13, 2006
This review is from: The Bill of Rights and Beyond : 1791-1991 (Hardcover)
"The Commission on the Bicentennial of the US Constitution" published this on the 200th Anniversary and sent a copy to libraries across the nation to further understanding of our constitutional history. America was founded on the basis of individual rights, not ethnic heritage. This book is oriented to students, and adults can read and learn. The six pages of bibliography contain a range of references.
Virginians George Mason and James Madison favored a national government to unify the country, but limited so it would not turn into a Royalist rule that eliminated personal liberties. Some of the Founding Fathers were afraid that the new government would form a standing professional army "the bane of liberty" since Roman times. The Bill of Rights was proposed to counter its lack in the Constitution, and won a wide acceptance. The tradition from the Magna Carta is that fundamental rights exist which any government could not limit.
James Madison said a diversity of religious belief provides the best security for religion. The First Amendment can't prevent people from petitioning the government. Most states have Initiative & Referendum laws that allow the people to enact laws. The purpose of a "well-regulated militia" was to allow the people to enforce the laws, a check and balance against the powers of the state. Armed citizens kept rulers honest; it can prevent martial law by an autocratic ruler. Patrick Henry and Elbridge Gerry said America would have democracy as long as its citizens can bear arms and elect its army officers. [There was no "Battle of Lexington" per se. The people on the village green were performing their regular drill. They did not block the roads or threaten the British soldiers. It was an unprovoked riot; their officers later denied ordering an attack on the peaceful citizens. Read John Galvin's book.]
The Fourth Amendment bans general warrants that give government officials unlimited powers of search and seizure. The exclusionary rule bans evidence gained by illegal searches. The ban against compelling a person to be a witness against himself is a ban on torture. The average person has no clue to the legal tricks that can be used against him. If he says something, the prosecution can supply a witness to contradict a statement (prosecutorial perjury, like the McCarthy era).
The Sixth, Seventh, and Eighth Amendments deal with the legal system and protect individual rights against oppressive state officials. The Ninth and Tenth Amendments place general limits on the national government. The Thirteenth, Fourteenth, and Fifteenth Amendments resulted from the Civil War. Slavery was banned, and former slaves were allowed the votes as citizens. The Fifteenth Amendment wasn't fully implemented for over a century. The Fourteenth Amendment was soon subverted by a reactionary Supreme Court to support Big Corporations (p.67). The Nineteenth Amendment gave the right to vote to all women. Some states had done this for years. The Twenty-Third Amendment gave electoral college votes to the District of Columbia. The Twenty-Fourth Amendment disallowed a poll tax on voters. The Twenty-Sixth Amendment allowed eighteen year olds to vote. Page 77 erroneously mentions the "Twenty-Fifth" amendment.
Note how this book skips the Eleventh and Twelfth Amendments, the Sixteenth, Seventeenth, and Eighteenth Amendments, and the Twentieth, Twenty-First, and Twenty-Second Amendments, and the Twenty-Fifth Amendment.
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