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From: "Kathleen Bowen" <>
Subject: Re: Bill Of Rights...
Date: Sun, 15 Dec 2002 19:28:49 -0500
References: <3DFCF895.4F518B16@Texas.net>


George Mason wrote the Virginia Declaration of Rights -- on which the U.S.
Bill of Rights is based.

Kathleen

Ridge Manor, Florida...Genealogy - It's Relative!!
(Back-up: )
http://www.familytreemaker.com/users/b/o/w/Kathleen-E-Bowen
http://worldconnect.rootsweb.com/cgi-bin/igm.cgi?db=katbowen

----- Original Message -----
From: "Mike" <>
To: <>
Sent: Sunday, December 15, 2002 4:48 PM
Subject: Bill Of Rights...


>
>
> Perhaps its a day we should honor the great American patriot, Patrick
> Henry, who first authored the BILL of RIGHTS for the Constitution of the
>
> Commonwealth of Virginia. Not all of what he wrote made its way to the
> Federal Constitution, but he nonetheless deserves to be known as the
> father
> of the Bill of Rights.
>
>
> The Bill of Rights
>
> THE PREAMBLE TO THE BILL OF RIGHTS
>
> Congress of the United States begun and held at the City of New York,
> on Wednesday the fourth of March, one thousand seven hundred and
> eighty nine.
>
> THE Conventions of a number of the States, having at the time of their
> adopting the Constitution, expressed a desire, in order to prevent
> misconstruction or abuse of its powers, that further declaratory and
> restrictive clauses should be added: And as extending the ground of
> public confidence in the Government, will best ensure the beneficent
> ends of its institution.
>
> RESOLVED by the Senate and House of Representatives of the United
> States of America, in Congress assembled, two thirds of both Houses
> concurring, that the following Articles be proposed to the
> Legislatures of the several States, as amendments to the Constitution
> of the United States, all, or any of which Articles, when ratified by
> three fourths of the said Legislatures, to be valid to all intents and
> purposes, as part of the said Constitution; viz.
>
> ARTICLES in addition to, and Amendment of the Constitution of the
> United States of America, proposed by Congress, and ratified by the
> Legislatures of the several States, pursuant to the fifth Article of
> the original Constitution.
>
> 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.
>
> Government can neither impose a state religion upon you nor punish you
> for exercising the religion of your choice. You may express your
> opinions, write and publish what you wish, gather peacefully with
> others, and formally ask government to correct injustices.
>
> 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.
>
> Individuals ("the people") have the right to own and use weapons
> without interference from the government.
>
> 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.
>
> The government cannot force you to house its agents.
>
> 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.
>
> You may not be arrested or "detained" arbitrarily. No agency of
> government may inspect or seize your property or possessions without
> first obtaining a warrant. To obtain a warrant, they must show
> specific cause for the search or seizure and swear under oath that
> they are telling the truth about these reasons. Furthermore, the
> warrant itself must state specifically and in detail the place,
> things, or people it covers. Warrants that are too general or vague
> are not valid; searches or seizures that exceed the terms of the
> warrant are not valid.
>
> 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 one outside the military may be tried for a serious crime without
> first being indicted by a grand jury (of citizens). Once found not
> guilty, a person may not be tried again for the same deed. You can't
> be forced to be a witness or provide evidence against yourself in a
> criminal case. You can't be sent to prison or have your assets seized
> without due process. The government can't take your property without
> paying market value for it.
>
> 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.
>
> Trials cannot be unreasonably postponed or held in secret. In any
> criminal case against you, you have a right to public trial by a jury
> of unbiased citizens (thus ensuring that the state can't use a
> "party-line" judge to railroad you). The trial must be held in the
> state or region where the crime was committed. You cannot be held
> without charges. You cannot be held on charges that are kept secret
> from you. You have a right to know who is making accusations against
> you and to confront those witnesses in court. You have the right to
> subpoena witnesses to testify in your favor and a right to the
> services of an attorney.
>
> 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 reexamined
> in any Court of the United States, than according to the rules of the
> common law.
>
> The right to trial by jury extends to civil, as well as criminal,
> cases. Once a jury has made its decision, no court can overturn or
> otherwise change that decision except via accepted legal processes
> (for instance, granting of a new trial when an appeals court
> determines that your rights were violated in the original proceeding).
>
> Amendment VIII - Excessive bail shall not be required, nor excessive
> fines imposed, nor cruel and unusual punishments inflicted.
>
> Bail, fines, and punishments must all fit the crime and punishments
> must not be designed for cruelty.
>
> Amendment IX - The enumeration in the Constitution, of certain rights,
> shall not be construed to deny or disparage others retained by the
> people.
>
> You have more rights than are specifically listed in the Bill of
> Rights.
>
> 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.
>
> The U.S. federal government has only those specific powers granted to
> it by the Constitution. All other powers belong either to the states
> or to individuals.
>
> The Ninth and Tenth Amendments, taken together, mean that the federal
> government has only the authority granted to it, while the people are
> presumed to have any right or power not specifically forbidden to
> them. The Bill of Rights as a whole is dedicated to describing certain
> key rights of the people that the government is categorically
> forbidden to remove, abridge, or infringe. The Bill of Rights clearly
> places the people in charge of their own lives, and the government
> within strict limits - the very opposite of the situation we have
> allowed to develop today.
>
>
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>
>
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