In 1791, The Constitution for the United States of America was amended with the Bill of Rights. The Bill of Rights constitutes the first ten amendments to the Constitution.
Take the time to read and familiarize yourself with the full text of the Constitution as well as the Bill of Rights as it is the Law of your Land and belongs to you.
If we may collect the sentiments of the people of America, from their own most solemn declarations, they hold this truth as self-evident, that all men are by nature free. No one man, therefore, or any class of men, have a right, by the law of nature, or of God, to assume or exercise authority over their fellows. The origin of society, then, is to be sought, not in any natural right which one man has to exercise authority over another, but in the united consent of those who associate.Brutus, AntiFederalist 84: On the Lack of a Bill of Rights, November 1, 1787
Keep In Mind: Unconstitutional actions are unlawful and thus, unenforceable. However, the government serves at the consent of the governed. Since it is the responsibility and duty of the American People to hold the government accountable, the failure of the American People to do so equates to consent. “Your silence is your acquiescence.” (Connally v. General Construction Co., 269 U.S. 385, 391) It is the right and duty of the American People to restore Constitutional governance when the government fails to serve We the People.
…a bill of rights is what the people are entitled to against every government on earth….and what no just government should refuse, or rest on inference.
Thomas Jefferson, in a letter to James Madison, December 20, 1787
Please Note: Notations to the Bill of Rights indented below the original text of the document.
Preamble
The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution;
Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
Amendment I
Congress shall make no law respecting (1) an establishment of religion, or prohibiting the free exercise thereof; or (2) abridging the freedom of speech, or of the press; or (3) the right of the people peaceably to assemble, and (4) to petition the government for a redress of grievances.
The First Amendment is more than “free speech”. The First Amendment guarantees (1) religious freedom, (2) freedom of speech and the press, (3) the right of the people to peacefully assemble, and (4) the right of the people to petition government and air their grievances.
The American People have the Right to redress their grievances and call out government officials when they violate their oaths and violate the Constitution.
Has the government prohibited the free exercise of religion, right to peaceably assemble, in America in recent memory?
Amendment II
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.
Emphasis added. Extension of Article I, Section 8. If a right is legislated, modified, or altered in anyway, its becomes a privilege granted by government not a right.
Amendment III
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.
Amendment IV
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.
We have a sacred, natural and inherent right to safe in our homes, papers, effects, property against unreasonable intrusion.
A warrant may not be issued “just because”. There must be valid reason supported by specific, valid evidence of a crime. There must be probable cause, supported by an oath or affirmation from a first hand witness. Hearsay is not first hand witness. “Assumption and presumption are just what they are–law not withstanding.” (Baily vs Alabama)
A lawful warrant must specifically outline, with specificity, the person or things to be searched and/or seized supported by oath or affirmation and valid evidence signed by an Article III judge.
Amendment V
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 Fifth Amendment is more than “pleading the Fifth”.
The Fifth Amendment secures the right for the targeted/victim/accused to speak and show his/her case before a grand jury so the grand jury can hear both sides before proceeding. This is due process.
The Fifth Amendment guarantees the right to not incriminate oneself, to not be tried twice for the same crime.
The Fifth Amendment guarantees all American Citizens due process of law. In any and all legal or lawful proceedings, the right to due process remains inviolate.
Amendment VI
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 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 for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Speedy Trial: There are provisions that require a trial within a specific time frame. Most states have laws that stipulate the timeframe for a case to be tried: often 180 days to 6 months. If the time limit is exceeded, the accused has a right to move for administrative dismissal.
An impartial jury acts as the voice of the American People in all criminal prosecutions. All Americans are entitled to Trial by Jury of their peers in any controversy warranted by law. Each member of the jury takes an oath to the Constitution. Failure of the jury to uphold their oaths to the Constitution invalidates their position.
The accused has a right to be informed of the specific nature of the accusation and confronted with the witnesses against him at all stages of proceedings: arraignment, pretrial, and the trial itself. Failure to do so invalidates the accusation. Example: If someone decides to fight an unlawful traffic stop and the police officer does not show up to the court date, they can move the court for dismissal as the witness against them, the police officer, failed to be present thus invalidating the accusation. This Constitutionally secured right is confirmed in Chambers v. Mississippi, 410 U.S. 84 (1973).
Further, without an injured party and without first hand witness, there is no crime. “For a crime to exist, there must be an injured party (Corpus Delicti) there can be no sanction or penalty imposed on one because of this Constitutional right.” (Sherer v Cullen, 481 F. 945) “With no injured party, a complaint is invalid on its face.” (Gibson v. Boyle, 139 Ariz. 512) “Without Corpus Delicti there can be no crime” (People v. Lopez, 62 Ca. Rptr. 47, 254 C.A. 2d 185.) In every prosecution for a crime it is necessary to establish the Corpus delicti.
Just because someone is detained/arrested, does not mean they committed a crime. But you must know your rights in order to lawfully defend your position. Americans are unlawfully detained and arrest, no crime having been committed, every single day across this country.
The accused has a right to obtain witnesses in his favor and have the assistance of counsel. Denial of these rights invalidates the accusation.
Amendment VII
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.
The court convenes to hear the truth and resolve matters of controversy. Without corpus delicti and without witnesses, there is no valid controversy for the court to “resolve”.
When someone is accused of something that he has not done, that is an affront against his right. The unlawfully accused has a right to present evidence and witnesses on their behalf.
An impartial jury acts as the voice of the American People in all civil matters. All Americans are entitled to Trial by Jury in any controversy warranted by law. Each member of the jury takes an oath to the Constitution. Failure of the jury to uphold their oaths to the Constitution invalidates their position.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Very straight forward amendment which acknowledges and secures dignity of every human being against the imposition/inflictions of cruel and unjust actions, punishment, treatment, fines, penalties, etc.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The founders were wise enough to recognize that the rights of Americans are not limited to the rights enumerated in the Constitution and the Bill of Rights.
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.
Very clear and very explicit Amendment. Powers not delegated to the federal government by the Constitution are reserved to the states or to the American people. What is authorized in the Constitution for government is valid and enforceable, what is not authorized in the Constitution is prohibited by the Constitution. It is the responsibility and duty of the American People to determine the operation of government and guarantee that the operations of government are contained within the lawful, limited, delegated boundaries.
