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Is the Bill of Rights a "disaster"?
The Washington Times | December 15, 2004 | Rick Lynch

Posted on 12/15/2004 10:34:15 AM PST by RayStacy

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This is fascinating to say the least.
1 posted on 12/15/2004 10:34:16 AM PST by RayStacy
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To: RayStacy

I am sure it is a disaster to those who oppose the rights stated so plainly. It is certainly a disaster to the courts who try to interpret those rights because there really is no interpretation needed.


2 posted on 12/15/2004 10:39:53 AM PST by JustAnotherOkie
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To: JustAnotherOkie

That's not how I read it. This guy LOVES those rights just like you and I do, but he is saying that we now have ONLY those rights, and that the enumeration has been lost because of the BOR.


3 posted on 12/15/2004 10:42:29 AM PST by RayStacy
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To: JustAnotherOkie
...because there really is no interpretation needed.

Really? So when the First Amendment says that Congress shall make "no" law abridging freedom of speech, it really means no law.
4 posted on 12/15/2004 10:45:07 AM PST by BikerNYC
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To: RayStacy
Still, no matter what the top dogs felt about it, without the circulation of a Bill of Rights for ratification, the voting public in this country would not have voted for the Constitution!

As they say, winning an election isn't everything, it's the ONLY thing.

5 posted on 12/15/2004 10:47:24 AM PST by muawiyah
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To: RayStacy
Ninth Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

It's not like they didn't recognize the problem.

6 posted on 12/15/2004 10:47:30 AM PST by Jim Noble (Colgate '72)
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To: JustAnotherOkie
I have to think about this a little but each state was told to write up their own Constitution and they did just that and I believe each has a Bill of Rights. But new states were to come and so the Federal Government combined the best of the best to come up with a Bill of Rights for all people Nationwide. I believe the Constitution of Mass. is closest to the Federal Bill of Rights.

I believe the Constitutions of each State can be found at Avalon.com.

Please note also, that many of the ideas of our founders evolved as they went through the process and one has to be careful in expounding on just one statement within that process of compromise.

7 posted on 12/15/2004 10:51:21 AM PST by Sacajaweau (God Bless Our Troops!!)
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To: BikerNYC

There are still ramifications for intended or unintended consequences of speech. Like a gun, it is legal to own but if you shoot someone you pay.


8 posted on 12/15/2004 10:51:37 AM PST by JustAnotherOkie
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To: RayStacy
Now, as the framers predicted, we have only those rights contained in the Bill of Rights.

No we don't. Every amendment of the BoR save the 3rd has been ignored. The only reason the 3rd is still around is because government doesn't want troops in your house. And if they wanted that they'd get it just as fast as SCOTUS could say "compelling state interest".

A bill of rights annexed to a constitution, is an enumeration of the powers reserved. If we attempt an enumeration, every thing that is not enumerated, is presumed to be given.

Apparently the author didn't read through the end of the BoR.

Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X: 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.

I disagree that the BoR has been a failure. Government was going to disregard the concepts of enumeration and federalism anyway. The BoR served to slow down the inevitible assault on some of the more important rights. Think of how many court cases have sprung from it. Without the BoR, we wouldn't even have those.

9 posted on 12/15/2004 10:51:58 AM PST by freeeee ("Owning" property in the US just means you have one less landlord.)
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To: BikerNYC
So when the First Amendment says that Congress shall make "no" law abridging freedom of speech, it really means no law.

Correct.

10 posted on 12/15/2004 10:52:58 AM PST by freeeee ("Owning" property in the US just means you have one less landlord.)
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To: muawiyah

The cons was voted on, ratified, and was law of the land WITHOUT a BOR. The BOR came a year later.


11 posted on 12/15/2004 10:53:16 AM PST by RayStacy
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To: RayStacy

Let's put the 2nd Amendment FIRST!!!!


12 posted on 12/15/2004 10:53:44 AM PST by 2harddrive (...House a TOTAL Loss.....)
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To: Jim Noble

They DEFINITELY did recognize the problem. It's just a damn shame that outside of this website, only 4 people on the globe know of the 9th and 10th amends, and/or the enumeration.


13 posted on 12/15/2004 10:54:23 AM PST by RayStacy
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To: RayStacy

I can see how democracy is destroying the Constitution, but not the Bill of Rights.


14 posted on 12/15/2004 10:55:19 AM PST by vpintheak (Liberal = The antithesis of Freedom and Patriotism)
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Comment #15 Removed by Moderator

To: RayStacy

Perhaps only those allowed under federal law. State laws are a different matter. Just like a warranty.


16 posted on 12/15/2004 10:56:55 AM PST by JustAnotherOkie
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To: RayStacy
It had been promised.

In those days a solemn promise was a solemn promise ~ you shouldn't use today's standards to judge the founders.

17 posted on 12/15/2004 10:57:02 AM PST by muawiyah
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To: freeeee

Ahh, but imagine a world without a BOR. Without a BOR, EVERYBODY, liberal, consevative, fat, thin, etc., would be more or less forced to know of the enumeration or else they would be forced to believe we have NO rites at all. Without a BOR we would still have had 10,000 court cases dealing with "Where are our rites? How are they protected? What may the G. NOT do to me?" Maybe, (I certainly don't know) but maybe, the people would have been forced to know of the enumeration, and we'd have all the rites in the BOR, plus a million others.


18 posted on 12/15/2004 10:57:47 AM PST by RayStacy
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To: vpintheak

Well, the enumeration WAS the most important part of the CONS. Destroy the enumeration, destroy the cons.


19 posted on 12/15/2004 10:58:59 AM PST by RayStacy
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To: RayStacy

Most people (especially Conservatives, [who ought to know better!]), seem to think that the Bill Of Rights gives them rights.

Example people claim: "The Second Amendment gives me the right to carry my gun into...."


20 posted on 12/15/2004 11:00:55 AM PST by Doctor Stochastic (Vegetabilisch = chaotisch is der Charakter der Modernen. - Friedrich Schlegel)
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