Constitution Day

By Nick Star

In honor of Constitution day having been this past Thursday, it seems appropriate to have a brief discussion about the great document. Now, typically I like to look forward and not complain too much about the things that are already done, but the right wing talking point spouted out so often lately is that President Obama is shredding the constitution, mostly because he wants to make sure all Americans have access to health care, regardless of financial stature (so un-American!). My question is, "Where were these people when Bush was in office?"

Preamble:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Presumably, "promoting the general welfare" would imply access to at least basic health care, as without it you will almost certainly die at a much younger age than you would had you had it, but hey, the pre-amble isn't even an legal document.

Amendment I
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.

Free speech zones, protesters arrested simply for wearing T-shirts that say "Bush Lied," and reporters called and threatened by the White house, the first amendment was clearly not one of W's favorite. This is in sharp contrast with today's protest zones just outside of events - armed teabagers displaying signs with thinly veiled threats of assassination, un-accosted. I don't want to hear any crap about Obama trying to repeal the first amendment (or for that matter, the second)

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.

To keep this post under 30 pages, we'll just ignore the whole "A well regulated militia" part. The NRA does, and the amendment really is quite lengthy. Although Bush campaigned on not allowing the assault rifle ban to expire, when the day came, the NRA convinced him with great ease that the founding fathers dreamed of a country full of felons and mentally unstable half-wits armed to the teeth with fully automatic weapons. Thomas Jefferson is often quoted as having said that the most important reason for the second amendment is to protect oneself against the government, but the folks at the Jefferson Library address this on their website, and no such quote is known to be made by him. I, also, hardly think he intended a democratically elected president to provide the blood with which to water the tree of liberty. And frankly, anyone who does should scare the crap out of you.

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.

No complaints here, as one of the few amendments Bush left alone, I never was forced to house soldiers in either my dorm or apartment. Thank you Mr. President.

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.

In all fairness, this amendment didn't apply. After all, it was written over 200 years ago! It was even older than FISA! Isn't there a statute of limitations on constitutional amendments? Sunset provision? Anything?

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.

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.

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.

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

Amendments V-VIII are the sole reasons that the Guantanamo Bay detention facility was not on US soil. The cases of waterboarding, the use of dogs, force feeding foods banned by the detainees religion (and so on), are only allowed in the cases of people we are really, really afraid of. Didn't the framers add that caveat? No? They probably just forgot.

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

No matter how much it wigs you out, the reason you hate gays is your religion. Banning gay marriage changes nothing in your life, but DOES disparage the right to life, liberty, and the pursuit of happiness of others, not to mention the fact that it revokes their freedom of religion. In fact, banning gay marriage would be implicit "establishment of religion." Any such amendment would be in breach of the first, and like it or not, not all religions condemn gay marriage.

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.

If this is the amendment you think makes health care reform unconstitutional you should try reading it instead of listening to the Fox "News'" very own abridged version. If you cannot make it through the entire sentence of amendment X, then to be perfectly honest, you don't get to have an opinion. Seriously, I'm not even kidding about that.

Throughout history, it has been the liberals, by definition, who have provided rights to peoples. The slaves were freed by a liberal republican while the conservatives fought to maintain their right to own other human beings. The liberals gave women the right to vote while the conservatives fought for the right of men to be the sole "deciders." The liberals fought to allow blacks to go the same places as whites, while the conservatives fought for their right to never have to be near anyone who was a different color. Perhaps most importantly, when the liberals were fighting to break away from the United Kingdom, the conservatives fought for the right to continue to pay taxes to the King to make up for the tax cuts given to the East India Tea Company. Now the liberals are fighting for homosexuals to have the right to marry, while conservatives are fighting for the right to tell everyone else how to live and what they can do in their own bedrooms. The liberals are fighting for the right to have health care, even if you were born into a family that can't afford an extra $1000 per month, while the conservatives are fighting for their right to take advantage of the entire American public, and decide that poor or old people should die. After all, the God in which America trusts, only likes wealthy, straight (or at least closeted) white men, and the women they say are OK.