Tuesday, January 24, 2012
My vision
Friday, January 6, 2012
Amendment I
Amendment I, to the United States Constitution
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.
The first amendment is part of the Bill of Rights which was necessary to get the states to ratify the Constitution. It was intended as a way for the people to check and balance excesses of government and to legally constrain what the federal government can do. Amendment I, while short, deserves close examination.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . ”
This part says nothing about the common doctrine of a separation of Church and state to the point that prayer can be forbidden in school nor does it bar the display of Christmas manger scenes on public property. It does say that the Congress cannot make laws to establish a national religion or do anything that would prohibit the people from exercising/practicing their chosen religion (or lack thereof) freely.
“ . . . or abridging the freedom of speech, or of the press . . . “
This freedom of speech and of the press is important. It was and continues to be violated at every turn. No law can abridge or curtail free speech of a free press. Why is this hard to understand?
“ . . . or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances . . . “
Yet you have to get a permit to assemble, the right is already curtailed. The last part states that we can petition the government for a redress of grievances. This is a contentious issue. For more information on this go to http://wethepeoplecongress.org
The Supreme Court of the United States has refused to address the issue. Some have decided that yes the people can petition but there is nothing that compels the government to respond to the petition and if the government refuses to respond the people have no lever or mechanism by which to punish or force the government to respond and/or correct their behavior, other than voting of course. To date the Supreme Court of the United States of America has failed to grant certiorari for a case brought before them to address this issue. There are some that believe that it is legal and proper to withhold taxes from the government until the petition for redress of grievances is addressed. “No answers, No taxes” is a slogan for that movement.
Opinions?