On this Day, November 20, 1789

It’s the early days of the young nation of the United States.  Less than a year and a half after the Constitution was ratified.  Just over six months since George Washington was sworn in as the first US President.  A set of twelve Amendments to the Constitution have already been proposed and presented to the States for ratification.  One of them would only much later be ratified (The 27th Amendment, ratified in May of 1992).  One of them is still pending.  The remaining ten became known as the Bill of Rights and on November 20, 1789, New Jersey became the first State to ratify them.

So, in memory of that day, here they are:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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 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.
  6. 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 defence.
  7. 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 re-examined in any court of the United States, than according to the rules of the common law.
  8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
  9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
  10. 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.

Sadly, entirely too many of these are more honored in the breach than in the compliance while others have been stretched all out of anything the folk who wrote and voted for those amendments would recognize.

Perhaps what we need is a new Bill of Rights consisting of 11 articles.  The first ten would simply repeat the wording of the original Bill of Rights.

The 11th would simply say, “And this time we mean it.”

 

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