The Drafters of the Constitution were products of the "AGE OF ENLIGHTENMENT," a PHILOSOPHICAL MOVEMENT that emphasized Human Reason and Individual Rights as the Foundation for forming a Government/State. They realized that they did not want what European History had to offer as examples of how Countries and Nations on that Continent selected certain principles and guidelines that shaped the Political and Legal System that was binding on all citizens that fell within each States borders.
These included:
- Monarchal Rule or Absolute Power
given to a single individual.
- State-Run Religion.
- Political Power in the hands of a
selected few.
- A Legal System that allowed for
special privileges to certain members
of Society. (An Enforced Social Order).
AS YOU READ THE ABOVE EXAMPLES, HOW MANY SEEM
TO BE PART OF THE TRUMPIAN/GOP GAME PLAN FOR TODAYS U.S.?
With that background, let us return to the
Bill of Rights.
When you read the 1st Amendment:
"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 grievances."
Two things should stand out:
- These are behaviors, or how an Individuals Actions can be Addressed Legally by the Federal Government.
- You will also notice that the Courts are given broad powers on how to interpret these freedoms. THERE ARE NO SET EXAMPLES OR SPECIFIC GUIDELINES THAT THE COURTS MUST CONSIDER FIRST. THERE IS NO "WITH THE PERMISSION OF..." TYPE OF RESTRICTION(S).
To clarify here is an example: Suppose the 1st Amendment said the following: " ...or abriging the freedom of speech, except in cases where said speech is critical of U.S. FOREIGN POLICY DURING A TIME OF WAR." Now we would have a case OF THE CONSTITUTION DIRECTING JUDICIAL AUTHORITY IN A SPECIFIC DIRECTION THAT MUST BE CONSIDERED WHEN RENDERING A DECISION IN THAT PARTICULAR SITUATION.
Now let us look at the SECOND AMENDMENT.
to be continued...
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