Category: General
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Constitutional Amendment X
Up until the last few months, when states have started to assert their rights through such actions as resolutions and the formation of the Patrick Henry Caucus, I am convinced that the Tenth Amendment has long been the most widely ignored of our Bill of Rights amendments. The powers not delegated to the United States…
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Constitutional Amendment IX
I really appreciated being challenged in my positions related to the eighth amendment. I would love to have people continue to let me know when they think I’m off base. As I read the Ninth Amendment I see it as a great example of why Hamilton was concerned about the side effects of having a…
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It’s About Us
While posting about Cheney’s Worldview, Tim Lynch captures the perspective that drives my thinking on subjects such as torture and indefinite detention: So we shouldn’t let the terrorists see us get “caught up in arguments” about the wisdom of our foreign policy, about whether our country should go to war, about our country’s treaty obligations,…
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Constitutional Amendment VII
The seventh Amendment really intrigues me: 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…
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Constitutional Amendment VI
In our information age sometimes the right to a public trial guaranteed by Amendment VI interferes with the opportunity for an impartial jury also guaranteed there (especially in the district wherein the crime was committed). In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury…
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Constitutional Amendment V
We’ve all heard the concept of taking or pleading “the fifth {Amendment}” in court but there is more to that amendment than simply not testifying against yourself. 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…
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Constitutional Amendment IV
Aside from any room for interpretation of the word “unreasonable” Amendment IV is pretty simple: 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…
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Constitution of the United States
Having completed a review of each of the 85 Federalist Papers I am excited to finally write about the Constitution of the United States that they were written to promote. My goal is to reduce the Constitution to a very simple outline showing the form of government that we were meant to have. I will…
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Federalist No. 84
In his penultimate federalist paper, Federalist No. 84, Hamilton ties up a few loose ends and once again shows his prescience. As I was reading this thought on the need (or lack thereof) for a Bill of Rights: a minute detail of particular rights is certainly far less applicable to a Constitution like that under…
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Federalist Nos. 80 – 83
Some of the items of discussion in the federalist papers are so obvious that I must conclude that the purpose of these papers was not onyl to answer critics of the proposed constitution, but also to endeavor to generally educate those who had not considered the necessities of government in order that they might make…