Tuesday, November 17, 2009

Pt 3 of Musings on the Bill of Rights

Amendment III

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 to be prescribed by law.

Because of what happened before the Revolutionary War, housing of British troops in with civilians against their will , the Founders were apprehensive of standing armies and where they could be housed , and they figured that the people needed protections , so that they would not have to house and feed an army of strangers, thus they made it so that the people could decide what they wanted to do irregardless of what the government wanted, this amendment basically tells the government that the citizens not them can decide , and that even in time of war, that the government has to follow what laws there are, and usually the laws have provisions for just compensation.something that wasn't always the case before the Revolution.again , its a limiting amendment on the government , and leaves the people with the right to decline.

Amendment IV

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.

A protection of the people from the government, i think this came about for reasons of political dissent, meaning , that though the people have the right to free speech , protected by the 1ST Amen, they also needed protections from a government that they spoke out against, and in this amendment , it lays down that unless the government can make a case to get a warrant , the government is not allowed to just arbitrarily harass those that speak out against it , and that if a warrant is obtained , it must specify exactly what it can do, it also says that personal property is protected as well as their papers , meaning documents, pretty simple and straight forward.

Amendment V

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.

This lays out , the peoples rights , if charged with a crime , it basically says that you have to be informed of what you have been charged with, it also allowed the government just one chance to prove its case for a specific crime , they cant try a person loose , then go digging for more evidence and charge you again later for the same crime, it also says that you have the right not to provide evidence that may convict you, they have to prove your guilt , not you prove your innocence, the government is also not allowed to take your life , freedom or property with out due process, meaning you get a day in court to fight it, it also says the government cannot seize your property , without having to pay for it, even if they take it by law.

I have given you 3 amendment's in one post , its alot to digest , and think about , and we are now half way through the bill of rights, and mind you , this is simply what they mean to me if anyone has more to add , they are welcome to in the comments section of these posts, i am not a constitutional scholar, but a student of the past , and as you can see , i look at why these were written , what caused them to be written , and how they were written, the greatest gift the founders gave us , was the fact , that these simple proclamations were written in the plain English of the day , so that everyone could understand their meanings, with that , what do you think?

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