Understanding the Constitution (part 2)
Yesterday we covered the beginning of this topic and the first two amendments to the constitution. Now we will continue with the more if not all of the first ten amendments to the United States Constitution.
Now someone will ask why quartering of soldiers was so important to be made into an amendment. Again let’s look at the amendment itself:
“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.”
During the reign of the British over the American colonies. It became commonplace for the military to kick people from their homes and to stay within them. They would also then vandalize the homes and steal items from within. Which is what led to the next amendment:
“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.”
If you are starting to note a tread here. It is a government gone rabid. Thinking the can and could do anything they wished just because they were the government. This is the mentality that is now coming back into play within the United States government and is supported by those within the congress and the senate. Especially by those that think they should tell the people how they should live and act and what is and is not acceptable. i.e. the Democratic Party.
The next amendments deal with the justice system, both criminal and civil, dealing with the individuals rights, being more important than that of the state. From the fifth to the eighth amendment’s addresses these issues.
Then we come to the ninth amendment. Known as the unenumerated rights:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
But what are the enumerations in the constitution? These are the powers given to and to be maintained by the Federal Government. These are, as shown in Section 8 of the Constitution:
1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
2: To borrow Money on the credit of the United States;
3: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
4: To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
5: To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
6: To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
7: To establish Post Offices and post Roads;
8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
9: To constitute Tribunals inferior to the supreme Court;
10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
11: To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
13: To provide and maintain a Navy;
14: To make Rules for the Government and Regulation of the land and naval Forces;
15: To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
16: To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And
18: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Anything listed here is what shall not infringe upon the rights of the individual as prescribed by the ninth amendment.
Which leads us to the Tenth amendment:
“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.”
Simply, anything not listed in the eighteen empowerments above goes to the state and if the state doesn’t want to deal with it. Then it goes to the people. i.e. the cities, towns and counties within the states, or just the people themselves.
So as a prime example. There is no listing to educate the children. So there should not be a Department of Education that is Federal. This is exclusively left to the states and the people.
Key points that need to be made
Frist: the Constitution is the core and overall righting document that governs all other laws in the United States:
Article 6; clause 2: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
So wishing and marching around to change for example gun laws is a waste of time. Since it takes this to change the constitution:
Article 5: “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
Of all laws the Constitution is the hardest to change. So to do so learn to follow the right procedures to accomplish what it is you seek to change.