| Topic: |
Religions > Atheism |
| User: |
"" |
| Date: |
19 Dec 2005 01:14:57 PM |
| Object: |
Bill of Rights fills gaps left by original Constitution |
Bill of Rights fills gaps left by original Constitution
http://www.swdtimes.com/swdtimes/2005/121505/story1.html
Liberal Southwest Daily Times - Liberal,KS,USA
.... For some, the interpretation of separation of church and state, which
is not printed anywhere in the Constitution or amendments, has gone beyond
what the ...
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Posting and reading from alt.politics.usa.constitution OR alt.education
You are invited to check out the following:
The Rise of the Theocratic States of America
http://members.tripod.com/~candst/theocracy.htm
American Theocrats - Past and Present
http://members.tripod.com/~candst/theocrats.htm
The Constitutional Principle: Separation of Church and State
http://members.tripod.com/~candst/index.html
[and to join the discussion group for the above site and/or Separation of
Church and State in general, listed below]
HRSepCnS · Hampton Roads [Virginia] SepChurch&State
http://groups.yahoo.com/group/HRSepCnS/
[Its not just Hampton Roads folks who are members, there are members from
all over the U.S. and a couple from overseas as well]
***************************************************************
.. . . You can't understand a phrase such as "Congress shall make no law
respecting an establishment of religion" by syllogistic reasoning. Words
take their meaning from social as well as textual contexts, which is why "a
page of history is worth a volume of logic." New York Trust Co. v. Eisner,
256 U.S. 345, 349, 41 S.Ct. 506, 507, 65 L.Ed. 963 (1921) (Holmes, J.).
Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir. 1992)
.. . .
****************************************************************
THE CONSTITUTIONAL PRINCIPLE:
SEPARATION OF CHURCH AND STATE
http://members.tripod.com/~candst/index.html
****************************************************************
.
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| User: "stoney" |
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| Title: Re: Bill of Rights fills gaps left by original Constitution |
20 Dec 2005 11:47:49 AM |
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On Mon, 19 Dec 2005 14:14:57 -0500, wrote:
Bill of Rights fills gaps left by original Constitution
http://www.swdtimes.com/swdtimes/2005/121505/story1.html
Liberal Southwest Daily Times - Liberal,KS,USA
... For some, the interpretation of separation of church and state, which
is not printed anywhere in the Constitution or amendments, has gone beyond
what the ...
Bill of Rights fills gaps left by original Constitution
By EARL WATT
Southwest Daily Times
After George Washington's Continental Army defeated the British, the
colonies were left to find a way to govern themselves.
First, they tried a confederation of states, where the rights of the
states superseded those of a single nation. The lack of unity was
leading to chaos, and changes to the confederate government were
needed.
A convention took place in Philadelphia to address problems but soon
became something much more -- these men were going to scrap the
government altogether and create a new one. They began to write the
Constitution.
Although the new government united the states into one country with a
strong federal government, it failed to address some of the fears of a
too powerful government, much like the British form that had trampled
on the rights of the American people.
The feeling was so strong that the Constitution faced defeat before
the promise was made to add a list of amendments designed to protect
the rights of the people.
The Constitution subsequently passed in 1789, but that list of
amendments took another two years before being ratified.
They became known as the Bill of Rights.
Many of the trespasses committed by the British were addressed,
including quartering troops in private homes, illegal search and
seizure, the right of a public trial by a jury of peers, freedom of
religion and of the press and more.
Today, the Bill of Rights still sets the standard for American
society.
"Had I been alive at the time of the ratification of the Constitution,
I would have insisted on the Bill of Rights being a part of it," said
Seward County Attorney Don Scott. "What a lot of people do not realize
is when courts protect a person accused of a crime, they are in fact
protecting all of our rights. I don't see the protection of a person's
rights as a handicap to law enforcement or prosecution. In fact, it
helps insure we get the right result."
The fear of being falsely accused with no legal protections was on the
minds of the colonial patriots. Many were accused of treason, some
were hanged, and others were stripped of their property by military
tribunals instead of civil courts.
Many of the protections offered by the Bill of Rights guard against
the violations suffered by the colonists, including the right to
redress the government for grievances, or in other words, to complain
about the existing authority, without fear of imprisonment or other
reprisals.
After all, the framers of the Constitution had no idea when they may
have to speak out against their own form of government.
"We have the perspective of history," Scott said. "But they didn't
know if it would last two years, 10 years or two months. We don't face
the threat daily of being under an absolute dictator. That's so remote
to us that we need to remember that was a real possibility at the
time."
Protecting one protects all
Seward County Sheriff Bill McBryde also has to protect the rights of
citizens guaranteed in the Bill of Rights, from those given to inmates
to those of the accused.
"Search and seizure is probably one of the rights we deal with the
most," McBryde said. "We have to decide in an instant what dictates
probable cause. Sometimes a judge or jury, who has time to deliberate
and research the issue, agrees. Sometimes they don't. We have to make
the determination instantly."
Simple differences in what is considered probable cause can determine
whether evidence is admissible or not, or if charges will simply be
dismissed because an officer acted without probable cause.
Despite the unintended infraction by law enforcement from time to
time, McBryde said there is a reason these rights should be protected.
"Are there times they tie our hands? Absolutely," he said. "You might
say, 'I know that guy did it, but we don't quite have enough.' You get
frustrated with those, but you have to weigh the facts and look at the
Constitution. Those rights are there for all of us, from the Citizen
of the Year to the guy who just committed a crime. Would we be better
off without them? I don't think so."
Free press vital for free society
The founding fathers were also concerned about their ability to
present their ideas to the public under British rule. Newspapers were
censored and publishers of revolutionary material were imprisoned.
The First Amendment guaranteed the right of a free press.
"Freedom of the press is especially critical because of the important
check it provides on the workings of government," said Kansas Press
Association Director Doug Anstaett. "Press scrutiny increases the
likelihood that public officials will do the right thing and that if
they don't, they will be held accountable by an informed electorate."
The ability to examine open records and demand open meetings has
sometimes given the public the impression that the press has too much
power. Some major media outlets have also been accused of portraying
only one side of a story. But Anstaett pointed out that the ability to
closely watch government is a necessary service for the people.
"While there are times when it might appear that the press has too
much power, the reality is that government still has more," he said.
"Government officials can control in a number of ways what gets out,
whether it is through stonewalling reporters, overusing how much
information gets classified as secret or meeting in secret rather than
in view of the public. The press must have protections so it can dig
into stories that need to be told but that are potentially
embarrassing to those in positions of authority."
Faith and religion protected
One area where the government may have gone beyond original intent,
according to many, is the First Amendment right to freely exercise
religion and the prohibition of endorsing a national religion. For
some, the interpretation of separation of church and state, which is
not printed anywhere in the Constitution or amendments, has gone
beyond what the founding fathers intended.
"What used to be the issue of keeping the state from controlling the
church now seems to protect the state from the church," said Spencer
Powers, Central Christian Church pastor.
The ability to freely worship is something that Powers said may have
been taken for granted in recent generations. In the past, and even
now in many other countries, the ability to freely practice faith is
not a guaranteed right.
"I thank God that I am able to tell people the truth I see in
Scripture and being able to exercise my faith without fear of someone
threatening or killing me for it. This nation grants me that freedom,
and it is an honor."
Although he is a Christian, Powers respected the freedom provided to
all religions.
"If we try to squelch the freedoms of other faiths, it erodes the
foundation of our nation," he said. "If we tried to control a national
faith, we would be doing the same type of thing that the people who
originally came to this land were trying to escape."
More than 210 years ago, the Bill of Rights were ratified and for the
first time, the people of the United States were granted rights by
their government. Today, those same rights have formed the foundation
that has guided the spiritual, politcal and social growth of the
nation for more than two centuries.
/end
--
Contempt of Congress meter reading-offscale.
Hello, theocracy with a fundamentalist US Supreme
Court who will ensure church and state are joined
at the hip like clergy and altar boys.
America 1776-Jan 2001 RIP
"As democracy is perfected, the office of president
represents, more and more closely, the inner soul
of the people. On some great and glorious day the
plain folks of the land will reach their heart's
desire at last and the White House will be adorned
by a downright moron." --- H.L. Mencken (1880 - 1956)
Religion is the original war crime.
-Michelle Malkin (Feb 26, 2005)
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