The Bill of Rights

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The Bill of Rights

Void where prohibited by law

Additional Comments and Observations

Just as important as the governmental structure established by Articles I through VII of the Constitution are the personal freedoms guaranteed by the Bill of Rights and the 13th, 14th, and 15th Amendments. Approved by the First Congress in 1789 and ratified by the States in 1791, the first ten amendments to the Constitution--the Bill of Rights--assure basic individual liberties essential to a free and democratic society. In the aftermath of the Civil War, the 13th, 14th, and 15th Amendments continued the mission of the Bill of Rights by abolishing slavery, by assuring citizens due process in actions taken under color of State governments, and by taking the first steps toward providing suffrage for citizens regardless of race. These Constitutional guarantees have not only stood as a bulwark against governmental abuses in this country, but they have also provided inspiration to people around the world in their quest for individual freedom and liberty.

In the summer of 1787, delegates from the 13 colonies convened in Philadelphia to discuss how best to govern themselves. Out of the gathering came the Constitution of the United States, that remarkable blueprint of a new nation whose people had fought hard and valiantly to win their independence from England.

The first draft of the Constitution set up a system of checks and balances that included a strong executive, a representative legislature and a federal judiciary, as well as a division of federal and state powers. But contrary to the urging of some delegates, the framers did not include a specific declaration of rights. In other words, the Constitution specified what the government _could_ do but did not say what the government _could not_ do.

The Constitution was signed in September 1787 and sent to the Congress. Eleven days later, it was submitted to the states for ratification. But as the people began to examine the document, they came to share the sentiments of those who advocated that the Constitution include a set of specific guarantees - among them, the right to free speech, freedom of religion, due process of law and freedom from governmental search and seizure. The people ratified the Constitution only after its framers pledged to add to it such protections. Congress added those protections in 1789, and in 1791 two-thirds of the states ratified the first ten amendments to the Constitution, which became known as the Bill of Rights.

In the House of Representatives,

January 18th, 1790.

The House took into consideration the report of the committee to whom was referred the resolution of the Congress of the United States, of the fourth day of March, one thousand seven hundred and eighty-nine, proposing Amendments to the Constitution of the United States, viz:

• Sec. 18. And be it further enacted, That inasmuch as the Constitution of United States and the organic act of said Territory has secured to the inhabitants thereof certain inalienable rights, of which they cannot be deprived by any legislative enactment, therefore no religious test shall ever be required as a qualification to any office or public trust; no law shall be in force or enforced in said Territory respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble and petition for the redress of grievances; 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 warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized; nor shall the rights of the people to keep and bear arms be infringed. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury; 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. In all criminal prosecution the accused shall enjoy the right to a speedy and public trial by an impartial jury of the district wherein 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 of obtaining witnesses in his favor, and to have the assistance of counsel for his defence. The privilege of habeas corpus shall not be suspended unless, when in case of rebellion or invasion, the public safety may require it. 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 jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. No law shall be made or have force or effect in said Territory which shall require a test oath or oath to support any act of Congress or other legislative act as a qualification for any civil office or public trust, or for any employment or profession, or to serve as a juror or vote at an election, or which shall impose any tax upon or condition to the exercise of the right of suffrage by any qualified voter, or which shall restrain or prohibit the free discussion of any law or subject of legislation in the said Territory, or the free expression of opinion thereon by the people of said Territory.

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"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections." Jackson J., West Virginia State Board of Education v. Barnette. 319 US 624, 638 (1943), 87 L ed 1628, 63 S Ct 1178, 147 AALR 674.Mel

"No legislative act contrary to the Constitution can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above the master; that the representatives of the people are superior to the people; that men, acting by virtue of powers may do not only what their powers do not authorize, but what they forbid. It is not to be supposed that the Constitution could intend to enable the representatives of the people to substitute their will to that of their constituents. A Constitution is, in fact, and must be regarded by judges as fundamental law. If there should happen to be an irreconcilable variance between the two, the Constitution is to be preferred to the statute." (A.Hamilton, Federalist Papers #78 See also Warning v. The Mayor of Savannah, 60 Georgia, P.93; First Trust Co. v. Smith, 277 SW 762, Marbury v. Madison, 2 L Ed 60; and Am.Juris. 2d Constitutional Law, section 177-178)

Remember this: Our guaranted Rights are to be Protected by the Oath of Office Contract that Government Affirms or Swear to, and by LAW that is an Obligation Contract.

"All laws which are repugnant to the Constitution are null and void."

Marbury vs. Madison

"It cannot be presumed that any clause in the Constitution is intended to be without effect..." - Chief Justice John Marshall, Marbury v. Madison, 1803

"Prohibition goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation and makes crimes out of things that are not crimes. A prohibition law strikes a blow at the very principles upon ,which our government was founded." - Abraham Lincoln

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Arizona

"When any court violates the clean and unambiguous language of the constitution, a fraud is perpetrated and no one is bound to obey it." - State v. Sutton 63 Minn 167, 65 NW 262, 30 LRA 630

"Constitutional rights may not be infringed simply because the majority of the people choose that they be." - Westbrook v. Mihaly 2 C3d 756

"Under our form of government, the legislature is not supreme...like other departments of government, it can only exercise such powers as have been delegated to it, and when it steps beyond that boundary, its acts, like those of the most humble magistrate in the state who transcends his jurisdiction, are utterly void." - Billings v. Hall 7 CA 1

"If the legislature clearly misinterprets a Constitutional provision, the frequent repetition of the wrong will not create a right." Amos v. Mosley, 77 SO 619. Also see Kingsley v. Metril, 99 NW 1044

"Where the meaning of the Constitution is clear and unambiguous, there can be no resort to construction to attribute to the founders a purpose or intent NOT MANIFEST IN ITS LETTER." Norris v. Baltimore 192 A 531

"An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed." Norton vs. Shelby County, 118 US 425 p.442

"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment, and not merely from the date of the decision so branding it."

"No one is bound to obey an unconstitutional law, and no courts are bound to enforce it." 16 Am Jur 2d, Sec 177, late 2d, Sec 256

"We find it intolerable that one constitutional right should have to be surrendered in order to assert another." - Simmons v. US, 390 US 389 (1968)

"The state cannot diminish rights of the people." - Hurtado v.

California 110 US 516.

"Our rejection of the request for jury nullification doctrine is a recognition that there are times when logic is not the only or even best guide to sound conduct of government." US v. Dougherty, 473 F.2d 1113 (C.A.D.C., 1972) (Court of Appeals for the District of Columbia, not the S.Ct.)

"I want people to be able to get what they need to live: enough food, a place to live, and an education for their children. Government does not provide these as well as private charities and businesses". Colonel David Crockett, member of Congress 1827-32, 1832-35, said it well: We have rights, as individuals, to give as much of our own money as we please to charity; but as members of Congress we have no right so to appropriate a dollar of public money.

"God grants liberty only to those who love it, and are always ready to guard and defend it." - Daniel Webster

"The signification attributed to the term, Militia, appear from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense... And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of a kind in common use at the time." US Supreme Court, US v Miller