American Views Abroad


Thursday, October 11, 2007
 
There has been another school shooting in America, in Ohio, my home state. It got me to wondering what the first ten amendments of the U.S. Constitution (the Bill of Rights) might look like in an unnamed count of years from now:

Tenth Amendment - Powers of states and people
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.
(Only the President can issue signing statements.)

Ninth Amendment - Protection of rights not specifically enumerated in the Bill of Rights
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
(They could be terrorists.)

Eighth Amendment - Prohibition of excessive bail, as well as cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
(They could be terrorists, they deserve what they get.)

Seventh Amendment - Civil trial by jury.
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.
(Anyone declared a potential terrorist has no right to a civil trial.)

Sixth Amendment - Trial by jury and other rights of the accused.
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 where in 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.
(Consumes vital time - they could be terrorists.)

Fifth Amendment - Due process, double jeopardy, self-incrimination, private property.
No person shall be held to answer for any 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.
(They could be terrorists.)

Fourth Amendment - Protection from unreasonable search and seizure.
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.
(They could be terrorists.)

Third Amendment - Protection from quartering of troops.
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.
(Quartering of troops is an excellent way to cut housing costs for the military, give citizens an opportunity to show their patriotism, and stop terrorism in private homes.)

Second Amendment - Right to keep and bear arms.
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.
(One nation, under God, with Liberty and Justice for all. Amen.)

First Amendment - Freedom of religion, speech, press, and peaceable assembly as well as the right to petition the government.
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.
(They could be terrorists.)

Comments:
Most of those have already happened to some extent, and kids never had these rights in any case. On the other hand, there don't seem to be enough mechanisms for pulling troubled people out of the public arena before they actually kill.
 
Thank you for your comment - it reminds me clearly of a site I saw years ago:

Thursday, March 7th 2002

The diary of a boy who was held in a psychiatric institute because of a careless statement he made that was taken seriously.

These are surely not easy questions, but some of the current answers seem wrong.
 
Didn't one of the great ones of your country say that he who trades liberty for security deserves neither?
 
And so the song Mad World comes to mind.

http://www.youtube.com/watch?v=4N3N1MlvVc4
 
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