The Bill of Rights

anonymous

Former Staff
Jun 2008
10,578
2,873
Passing Through
What do they really mean here?

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.

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 offense 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.

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

jackalope

Former Staff
Jan 2010
51,139
17,672
Maine
What do they really mean here?

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.

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 offense 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.

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

What do you think they mean, anonn?
 

Jets

Moderator
Feb 2011
23,722
14,558
New York
The answer is very complex. For starters:







The Anti-Federalists did not want to ratify the Constitution. Basically, they argue that:



It gave too much power to the national government at the expense of the state governments.


There was no bill of rights.


The national government could maintain an army in peacetime.


Congress, because of the `necessary and proper clause,' wielded too much power.


The executive branch held too much power.

Of these complaints, the lack of a bill of rights was the most effective. The American people had just fought a war to defend their rights, and they did not want a intimidating national government taking those rights away again. The lack of a bill of rights was the focus of the Anti-Federalist campaign against ratification.

Federalists and Anti-Federalists
 
Nov 2009
3,530
571
Flower Mound, TX (In the basement)
Like anything else, rights we have are the ones we can keep and defend. We have fewer and fewer rights as the government gets bigger and bigger.

We have the right to pay taxes.

We have the right to shut up.

We have the right to..............

Gee, I guess that is about it.
 
Jul 2011
6,610
1,193
Detention Block AA-23
The Federalists actually had the brass balls to argue that a Bill of Rights would be redundant.

It is apparent in the modern day that the Bill of Rights was neither lengthy nor explicit enough, as much as it has been eroded by mealy mouthed purveyors of "living document" nonsense.


Not in all cases, mind you.

For example, "shall not be infringed" is not vague. At all. And yet...
 
Nov 2010
23,156
14,835
What do they really mean here?

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.

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 offense 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.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Basically it means what SCOTUS determines it to mean. And could have different meanings to many different people as its somewhat vague and open to interpretation, just like most of the constitution, while guaranteeing certain rights
 
Nov 2009
3,530
571
Flower Mound, TX (In the basement)
The Federalists actually had the brass balls to argue that a Bill of Rights would be redundant.

It is apparent in the modern day that the Bill of Rights was neither lengthy nor explicit enough, as much as it has been eroded by mealy mouthed purveyors of "living document" nonsense.


Not in all cases, mind you.

For example, "shall not be infringed" is not vague. At all. And yet...
Not much ambiguity in "or prohibiting the free exercise thereof" either, yet........
 
Last edited:
Jul 2011
82,041
47,612
Memphis, Tn.
Like anything else, rights we have are the ones we can keep and defend. We have fewer and fewer rights as the government gets bigger and bigger.

We have the right to pay taxes.

We have the right to shut up.

We have the right to..............

Gee, I guess that is about it.
Constituion, Article I section 8(1), Congress shall have the power to lay and collect taxes, duties, Imposts and Excises....

Yep, you have the right to shut up OR to speak your mind. WTF do you think you are doing here?

Gee, but your whiny this moring.
 

Jets

Moderator
Feb 2011
23,722
14,558
New York
In addition, the Bill of Rights was originally designed to limit national power not state power. Note the first 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.

US Constitution--Bill of Rights--The First Ten Amendments
 
Nov 2009
3,530
571
Flower Mound, TX (In the basement)
Constituion, Article I section 8(1), Congress shall have the power to lay and collect taxes, duties, Imposts and Excises....

Yep, you have the right to shut up OR to speak your mind. WTF do you think you are doing here?

Gee, but you're whiny this moring.
Fixed it for you.....and, yes I am.