Sailor Steve |
08-17-08 12:03 PM |
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Originally Posted by 1480
My apologies SS, I forgot to preface the statement (often happens when I'm thinking) . I was using the very first line of the 1st amendment as an example of literal text that has been interpreted to mean something completely different.
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Oh, okay, gotcha.
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I agree with you in regards to the 9th, but shouldn't that have been number one?
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I'm not sure. I think they wanted to include all the rights they could think of and then at the end put the caveat in; sort of in and "Oh, by the way..." manner. Some people in the past have said that freedom of speech was most important, which is why they put it first, without realizing that 'They' didn't put it first, but third. There were originally twelve amendments, but the First (Changes to Proportions of Representation) and Second (Congressional Pay Raises) were not ratified by enough states to make it in; probably because they had nothing to do with citizens' rights. The original Second Amendment was finally ratified by 2/3 of the states in 1992, and became the Twenty-Seventh Amendment.
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The 1st which I interpret to be "setting the tone," seems to me more of a direct slap in the face to the British Empier rather then, a promotion of rights to the people.
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I don't see it that way. They listed rights that everyone agreed had been abused by the British, but they also saw the possibility of abuse by their own government. The main goal was to make absolutely sure that the new government was restricted, in writing, from trying to take away, or even 'infringe upon' the rights of the individual. After all, the Declarations specifically says "That to secure these rights, Governments are instituted among men...", which I take at face value, meaning that we create government and laws to protect our rights from each other, and, as Jeffersons says "The legitimate purpose of Government is to prevent that which is injurious."
Often when people refer to 'The Constitution', or 'Constitutional Principles', they are actually referring to the Bill of Rights, treating it as more important than the main body of the document itself. I think this is proper and true, but sometimes in doing so they forget which is which. The Constitution itself is just the American Government Instruction Manual.
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