Today is Bill of Rights Day, the day when the Bill of Rights was ratified 217 years ago. This holiday, along with Independence Day and Constitution Day, represents the real celebration of the great country we should be striving to maintain. Interestingly, while Independence Day is the most celebrated of the three our independence did nothing to guarantee any future liberties in this country. Our Constitution was supposed to help preserve our liberties by setting up a government structure that would be capable of securing our liberties from both internal and external forces which would seek to infringe upon them. The structure that was devised could not, in itself, guarantee that the government itself would not be an abuser of liberty – that is where the Bill of Rights comes in. The Bill of Rights spelled out the rights of citizens where the federal government would not be allowed to infringe (in theory). This is where the rubber meets the road. A monarchy with such a bill of rights – where those rights are truly upheld – would be as good a government as the three pronged government that the founders defined in the constitution. The real difference being that a monarchy would more easily overrun the individual rights without the checks in place of an independent judiciary etc.
The original Bill of Rights had 12 amendments adopted by Congress. Numbers 3 – 12 were ratified in 1791. Number 2 was ratified as the 27th amendment in 1992. The first amendment proposed has not yet been ratified.
On this Bill of Rights Day I look with trepidation at a government and society where the first question of government is "What responsibilities can be assigned to the government?" The question should be "How can the government more fully ensure liberty among her people?" The first question brings an intrusive government which attempts to do the impossible. The last question would bring a government which is content to enforce liberty, thus setting the conditions where the society could accomplish greater things than ever before.
Tim Lynch of the CATO Institute has a great rundown of how our Bill of Rights is faring in modern government. Jim Babka has some ideas about how we can get our government to protect those rights that they are so prone to trample.
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