Bill of Rights. and other amendments to the Constitution
Various Potential Holes
Class discussion items
Reference What it says Discussion items
Declaration of Independence We the people, in order to ... -
Gettysburg Address ..government of the people, by the people, for the people -
Preamble to Constitution 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. -
The Constitution itself ... To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; Does this apply to government offices and other facilities which are rented?
Amendment 1 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. What is the definition of religion?
Does it include eye-for-an-eye?
Does the exercise of it include human sacrifices?
Does it include temple prostitutes?
Does it include multiple wives?
Does it include ...?
 
What are the defining limits of "Peaceably"
Does it include pushing, shoving, spitting?
Does it include wearing side arms or carrying assault rifles?
Does it include ....
 
The limitation here is explicitely on Congress.
Does that mean the State can?
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. What are the defined limits of "arms?"
Does it mean arms for defense or offense?
Does it include cannon?
Does it include bombs?
Does it include roadside incendiaries?
Does it include automatic assault weapons?
Does it include black market nuclear devices?
Does it include armor piercing shells?
Does it include biological warfare shells?
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 (PBL). Inasmuch as the United States has been involve in a war (Afganistan) since 199_, does this mean the owner's consent is not currently required?
Amendment IV The ROTP to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, SNB 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. Does this apply only to homeowners?
Does this not apply to homeless people?
How does this apply to homeless people?
Does it apply to homeless people living in their cars?
Does this apply only to people who live in homes with parimeter fences?Note 1
Does this ....
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. No private property shall be taken for public user, but nothing is said to prevent private property from being taken for private use, e.g., by a large corporation.
 
Nor does it restrict the taking of public property for private use.
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 (BL), 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. Is this only for registered voters?
Is this only for qualified voters?
Is this only for native born Americans?
Is this only for American Citizens?
Does this exclude citizens of other nations?
  • Does this apply to American Citizens outside the United States?
  • 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. This restriction does not apply to coerced "mediation" when dictated by a Corporation.
    Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. What is ...
    Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. See HTA
    Amendment X - -
    Amendment XI - -
    Amendment XII - -
    Amendment XIII - -
    Amendment XIV - -
    Amendment XV - -
    Amendment XVI - -
    Amendment XVII - -
    Amendment XVIII - -
    Amendment IXX - -
    Amendment XX - -
    Amendment XIX - -
    Amendment XXII - -
    Amendment XXIII - -
    Amendment XXIV - -
    Amendment XXV - -
    Amendment XXVI The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. Does this not clearly anticipate and authorize tax exemptions for the politically powerful and wealthy?
    Amendment XXVII - -
    Amendment XXVIII - -
    MMI
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