THE

BILL OF RIGHTS

Presented by

Amendment Avenger

Paul & the Romans 54AD

Magna Charter 1215

Habeas Corpus 1305

British Bill of Rights 1689

Patrick Henry referred to as “Our Ancient Constitutions”

HISTORICAL BACKGROUND

Declaration of Independence

• Recognizes God 4 times and establishes the protection of life,

liberty, and property as the FOUNDATION of good government

according to contract and consent of the governed.

• Taxation Without

Representation?

• 17 of 27 grievances.

Listed

11x: Abuse of

Representative Powers

7x: Abuse of Military

Powers

4x: Abuse of Judicial

Powers

2x: Inciting Domestic

Insurrection

17 September 1787• The day the Constitution was approved in Philadelphia,

but it was nothing more than a scrap of paper at that

point. It had not been ratified.

• George Mason would rather “cut off his right hand” than

sign it.

• Why?

• No bill of rights.

Anti-Federalists

• Patrick Henry · Samuel Adams · George Mason · Richard

Henry Lee, Robert Yates, James Monroe, George Clinton

• Published the Anti-Federalist Papers

• Argued FOR a Bill of Rights.

• Overwhelming government

• States have Sovereignty

• “Period of Inattentiveness”

Federalists • Published Federalist Papers

Hamilton, Madison, Jay,

Wilson, G. Morris

• Argued AGAINST the Bill of Rights:

• The Written Word can be manipulated

• The State Constitutions already have a Bill of Rights

• Any rights not listed could be destroyed

• Responsible for 9th and 10th Amendments

• WHO WAS RIGHT?

.

Results

• The States sent James Madison 189 Amendments

• Madison crunched them into 12 Amendments

• 10 Were approved on DEC 15, 1791

• The original “First” was never ratified

• The original 2nd was eventually ratified in 1992 as the 27th

1) Article I: 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.

• Religion

• Speech

• Press

• Assembly

• Petition

Separation of Church & State?

2) Article II: The Second Amendment

• 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.

• The Militia are Necessary

• Keep and Carry Firearms

• Military Might into the people’s hands

• Vs government Monopoly on Power

• Who are the Militia?

• “Death by Government”

• 4 times more than ALL wars

• 292 Million dead in 20th Century

• Hitler’s Germany: 22.1 Million

• Stalin’s Russia: 61.1 Million

• Mau’s China 78.8 Million

• Don’t forget: Pol Pot, Idi Amin,

Ceaușescu, Milošević etc….

Bonus Question: What is

the #1 Cause of unnatural

death in history?

DEMOCIDE

Why not in America?

2nd Amendment• Just Icing on the Cake for:

• The Preamble:

• 1) Justice 2)Domestic Tranquility 3) Common Defense

• Article I Sec 8: Clause 15 & 16

• 1)Laws of the Union 2)Suppress Insurrections 3) Invasion

• Article IV Sec 4

• 1) Republican Gov’t 2) Domestic Violence 3) Repel Invasion

Congress is actually required to arm you. If they refuse, the states

can do it anyway, even without a Second Amendment!

Can the Militia call themselves to action to enforce the

Constitution?

3) Article III: The Third Amendment• 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.

• Quartering Act: 10,000 Redcoats

in your home

• Building a Barracks is a Legitimate

function of government

• Another Reason for 2nd Amendment

4) Article IV: The Fourth 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.

• (Liberty vs Security) FRAUD

• “Privacy” (Person, House, Papers, Effects)

• Warrants/ Writs of Assistance

• Probable Cause

• “USA Patriot Act”? NSA?

5) Article V: The Fifth Amendment

• 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.

• Trial by Jury

• Due Process

• Self Incrimination

• Imminent Domain

• Drones Strikes?

• 30,000 in by USA 2017?

• Federal Regulators shutting

down small businesses w/o a

law or a day in court?

5) Article V: The Fifth Amendment

6) Article VI: The Sixth Amendment

• 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.

• To whom I answered, It is not the manner of the Romans to deliver

any man to die, before that he which is accused have the accusers

face to face, and have license to answer for himself concerning the

crime laid against him.

• Act 25:16 Festus to King Agrippa concerning Paul after 2yrs in jail.

6) Article VI: The Sixth Amendment• In ALL Prosecutions

• Trial By Jury (Speedy, Public, In State)

• Accused

• Challenge your accusers (Habeas Corpus)

• Counsel / Defense

• Are FISA Courts Above the Constitution?

• 1 refusal in over 15,000 warrantless searches

• SECRET Judges, SECRET Proceedings

• SECRET Rulings

• SECRET Interpretation of the Law!!! (What is that?)

• No Jury, No Oversight since 1978

7) Article VII: The Seventh Amendment

• 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.

7) Article VII: The Seventh Amendment

• Civil Cases (Judge Judy), or

• Trial by Jury- The only right listed 3 times in the Bill of

Rights

• Jury Nullification: The People’s Emergency Vote to

overturn Tyrannical Prosecutions and Bad Laws

• 97% Cases today have No Jury

• Only 1 of 192 Jury cases result in a Not Guilty verdict

8) Article VIII: The Eighth Amendment• Excessive bail shall not be required, nor excessive fines

imposed, nor cruel and unusual punishment inflicted.

• No Excessive Fines

• No Torture

• Police Brutality

• Enhanced Interrogation Technique

• “Resisting Arrest”

• Congress gives permission to CIA torture?

• Outsourcing torture?

• A Government that abuses you is CRIMINAL

9) Article IX: The Ninth Amendment

• The enumeration in the Constitution, of certain rights,

shall not be construed to deny or disparage others

retained by the people.

• Catch-All for all other rights not listed

• If there is no law, people do not need permission to act

10) Article X: 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.

• Feds: If it’s not on the list, The Answer is NO

• State Sovereignty

• Nullification

• Rights vs Powers

• Rights are individuals

• Power is for groups

• GROUP RIGHTS? Individual Power?

What is a RIGHT Anyway?

• A sanction of independent action

• Sanction = Authoritative Permission

• Permission from who?

• Their SOURCE determines their NATURE

• Are they: Intrinsic/ Hard Wired?

• From God?

• Earned in the Battlefield?

• Or

• Gifts from Government?

Declaration of Independence:

…they are endowed by their

Creator with certain unalienable

Rights… to secure these rights,

Governments are instituted

among Men.

• UN International Covenant on

Economic, Social and Cultural

Rights, Article 4:

• …in the enjoyment of those rights

provided by the State in conformity

with the present Covenant, the

State may subject such rights only

to such limitations as are

determined by law…

Vs

Article I• Forbidden to all government

• DECLARATORY AND RESTRICTIVE

• Ex post Facto Laws

• Unapportion tax (must be backed by Census)

• Taxes on exports

• No Titles of Nobility or Foreign Offices

• Suspension of Habeas Corpus (Invasion or Rebellion)

• Bill of Attainder

• States engage in war with other states unless invaded

• Bills of credit or paper money (Only gold and silver)

• Spending Money without a Law

• Corruption of Blood

Summary• Bill of Rights

• 1) Religion, Speech, Press, Assembly, Petition

• 2) Militia, Keep & Bear Arms

• 3) No Quartering of Soldiers w/o Permission

• 4) Security, Privacy, Warrants for Searches & Seizures

• 5)Trial by Jury, Due Process

• 6)Trial by Jury, Accused, Challenge Accusers, Seek Counsel

• 7)Trial by Jury, in all civil cases

• 8) No Excessive Fines, No Torture

• 9) All other Rights, NO permission required for citizen action

• 10) State Sovereignty: Nullification. If its not on the list or, the

States say no. Feds need permission for EVERYTHING

The Deal by which the States Confederated

• THE Conventions of a number of the States,

having at the time of their 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 ensure the beneficent

ends of its institution.

Preamble

How does the government earn our trust?

Release the Freedom!

Questions?