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.

Now, we get into it, don't we? This is the part of the Constitution that seems to be so inconvenient for some people. Times have changed. Not only has the well regulated militia disappeared, but the right to keep and bear the arms is being chipped away, slowly, but surely.

Every once in a while we hear the lame reasoning that the National Guard is the militia and the rest of the people don't need to keep their arms. But where does the National Guard keep their arms? They keep them locked up securely. It would take hours at the minimum for Guardsmen to drive to their armory and arm themselves in case of an emergency. Somehow, that just doesn't sound like the instant response this amendment invisioned.

For those who oppose gun ownership by private individuals, there is a "no guns in this house" sticker available at this web site. Please post it on your mailbox or front door so the predators will know which home to invade without fear of resistance and possible injury.

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.

This one makes sense. It was a response to conditions that were common in British colonial times. Those who wrote the amendment wanted to make sure that the American army didn't take up the habit.

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.

Oops. Some people in the Senate and House of Representatives must not have ever read this one. If they had read it then they wouldn't have voted for the PATRIOT Act. I wonder if they can be removed from office because they violated their oath to protect the Constitution?

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 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.

Seems like there are a few clauses in this one that have been forgotten too. If you don't know which ones, just ask me. We'll talk about it.

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 defence.

We seem to be getting most of this one right, except for the FIRST part. Speedy is not the usual way to describe a trial. Most defendants wait months for their trial to come around. Check with your local courts about how long the average iron bar vacation is, especially for those who are unable to afford bail. Even the innocent ones can have their lives ruined because of the long wait for trial.

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 re-examined in any Court of the United States, than according to the rules of the common law.

Some say that the first part of this one is archaic and should be revised. If our currency hadn't been inflated beyond all comprehension over the years, twenty dollars would still be a significant figure. I think the government should feel some of the pinch from its actions. The second part of this amendment among other things, recognizes the existance of common law. Common law is the code of human behavior, relationships, customs, and traditions that should not need to be spelled out in legislation.

AMENDMENT VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

What is excessive bail? That's an easy one. That's what prosecutors ask for whenever they don't want a defendant out of their custody. It's also what judges routinely grant. Maybe they forgot to read this amendment in law school?

There are even those who are constantly suing state and federal government over prison conditions or the death penalty, claiming cruel and unusual punishment. They must be right. We should model our penal system on what was common at the time of the ratification of this ammendment. The framers of the Constitution would probably indeed think of electrocution and Lethal Injection as cruel and unusual. Should we ban these barbaric practices and return to the civilized ritual of public hanging? We could sell tickets and broadcast rights. That would certainly help ease the state and federal budget pains.

AMENDMENT IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

One more Amendment forgotten, ignored, flushed down the toilet. Remember the concept of common law? That's what this one is all about. Those who wrote this amendment thought it would take care of all the things they just couldn't write down in a lifetime. I guess they didn't try hard enough. Either that or they underestimated the power of stupidity in government.

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.

Wow! What happens when you hear someone quote this one? He is viewed as a bigot, racist, or any number of other negative descriptives. Never is it someone just trying to live by the law of the land. This one is just too inconvenient for anyone in position of Federal power. Even judges sitting on Federal benches pretend they never heard of the Tenth Amendment.