Great privilege brings great responsibility. It also tends to produce laziness, complacency, and pride. Those who enjoy much privilege usually also believe very firmly in what they refer to as their “rights.” The funny thing about “rights” is that people’s opinions rarely agree on exactly what rights an individual has. They range from the almost universal right to life to the downright absurd right to eat Twinkies. Here in the United States, we have a Bill of Rights that Congress created in 1789 whice we've added to and modified over the last 200 years. Technically, only the first ten amendments are considered the official Bill of Rights. America has been a country of great privilege since its founding, and I hope we can all enjoy a good exercise in humility by reviewing some of the rights that we are entitled to as citizens of this great land.
Amendment 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.”
The US government may not establish a religion, and it may not interfere with the activities done in the name of a religion. Many things are done in the name of religion these days. Some things are so deplorable and blasphemous that most decent people agree something should be done to stop them. People often use their religion as a veneer to attempt to disguise a selfish ambition or illegal practice. We can probably all think of an instance. Jim Bakker. The Branch Davidians in Waco, Texas. Jim Jones. Even today the line that this amendment establishes is a blurred one. It can be difficult to prosecute blatant criminal activity when the accused has made an attempt to fashion it so that it appears to be a genuine religious rite. This fact frustrates God-fearing, law-abiding citizens, prosecutors, and lawmakers.
On the flip side, what if we didn’t have this as one of our rights? Could a Baptist still knock on a door to invite a neighbor to church? Could a Southern Gospel quartet still sing “Amazing Grace” at a minor league ball game? Could the Jehovah’s Witnesses still ride their bikes through neighborhoods and distribute their literature? Though we may not all agree on what’s appropriate, I think we can agree that if the government began to dictate which religious activities were and were not allowed, there would be an uproar. The authors of this amendment must have known this since they added that last phrase about petitioning the government for redress of grievances.
Amendment 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.”
I, a citizen of the United States with no criminal record, may arm myself with weaponry in order to defend myself and my family. Another individual with malicious intent may also own a weapon of his choosing in order to attempt to carry out criminal acts. Why were there not more stipulations added to this amendment? It seems so cut and dry. Of course, the historical context must be considered. The Revolutionary War was still very fresh in everyone’s minds having only ended about six years earlier. The possibility of a similar conflict was not out of the question, and indeed would arise in the nation’s future. Today however, petitions and arguments abound regarding assault rifles and hand guns. Some people are happy to have a pistol or shotgun simply for home defense while others insist they need a weapon in every category, color, and caliber just to sleep well at night. Perhaps we should ban firearms altogether. The law enforcement should carry sticks like the British do.
Similar logic is applied to nuclear non-proliferation. Remember the Cold War? Russia had lots of missiles, and so did we. Both parties wanted the other to get rid of their cache, but neither would go first. It reminds me of when we were kids and you would exchange sandwiches at lunch with the guy next to you. Neither of you really trusted the other to make good on his end of the bargain and hand over the goods. So you would do this elaborate, impromptu dance that centered around the phrase, “Same time!” I digress. As the saying goes, “If we outlaw firearms, the only ones with guns will be outlaws.” Owning and using a firearm is a right supplied to us by our government that should not be taken lightly.
Amendment 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.”
Volumes could and have been said and written about the rights spelled out in this amendment. Define speedy and public. Sometimes it takes months and years for cases to go to trial, and they can often drag on for the same amount of time. How public is public? Should court be held outdoors on public lands, or should there be video cameras streaming all cases to the web live for everyone to watch? I think we all know who makes up the “impartial jury”. We do. I experienced this lovely “right” first-hand just two weeks ago. I arrived at the appointed date and time at the appropriate Tennessee courthouse to be placed on a jury panel for circuit court. That’s the court that handles lawsuits. I spent about two hours waiting for the panel selection to begin, but I was dismissed before it even began since I’m self-employed. Go figure!
Amendment 18 (1917):
“After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.”
Amendment 21 (1933):
“The eighteenth article of amendment to the Constitution of the United States is hereby repealed.”
As you can see, even Congress and the passage of time can change what our rights are.
So what can we learn from this, class? Perhaps our rights are subjective? If that is true, how does morality play into the equation? Individuals have different standards of morality. What some consider loose morals, others consider normal. In writing this article, I exercised the right to free speech prescribed in the first amendment, and what I wrote was tainted by my sense of morality. Although, I don’t think that I push the limits of this or most other rights bestowed upon me by the US government, I am supremely grateful for the freedom they allow and the protection they afford. Let us strive to keep in mind that these great privileges should spawn humble responsibility on each of our parts.
I suspect there have been, in every generation, those who, while appreciating the longevity of the articles, have shared concerns about the integrity of these guarantees being maintained.
You can’t really read and understand the Constitution and the Bill of Rights without keeping the Declaration of Independences’ first sentence second paragraph in mind; We hold these truths to be self-evident, that all men are created equial, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. The point here is that the government doesn’t bestow rights on people, they are bestowed by our Creator and therefore cannot be taken away by man.
Again looking at the Declaration, “That to secure these rights, Governments are instututed among Men, derivign thier powers from the consent of the governed, That when ever any Form of Government become destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Govermentm, laying its foundation on such principles and organizign its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
Possibly one of the most important Amendments to our Constitution is the 10th which states that “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.” This means that the US Government can not and should not dictate to the states unfunded mandates that they are not given power in the Constitution to do! ie. Universal Healthcare.
Healthcare can not be a right! In order for something to be a right, it has to be something that every person has without effect on the rights or property of others, like speech. In order for healthcare to be a provided to everyone, someone has to give something of themselves whether taxes, their intellectual property (job) or something of themselves to others as compelled by the government. Therefore it can’t be a right!
Very good article!
I am most grateful for the freedom of speech and religion that the constitution guarantees me. My heart aches to think of the many that have given their lives, their all to defend those freedoms that so many take for granted. Praise God that Our Creator has given us freedom from the power of sin and future power from the presence of sin. This freedom can only be give by our Savior. Nevertheless we must do all within our power to see that our government abides by our constitutional rights.