Liberty & Equality

The Bill of Rights is the first 10 amendments to the US Constitution. The Constitution, written in 1787 and ratified in 1789, was viewed by many as not clearly stating the individual liberties protected by our new nation. So a few years later, December 1791, the Bill of Rights was appended to the Constitution.

“Life, liberty and the pursuit of happiness” is a phrase we all know from our earliest classroom experience. It is in the Declaration of Independence written in 1776 and predates the US Constitution. The latter attempted a codification of the Declaration, but even then complaints were voiced to make the Constitution even more specific. The Bill of Rights was designed to address many of those complaints.

In the 226 years following, the Bill of Rights has been tested, adjudicated by the courts, and legal precedents derived. Still legal action is filed frequently to test the current meaning of the ancient vocabulary, and stretch definitions.

So, the first amendment dealt with freedoms of religion, speech, press, assembly and petition for redress of grievances. In 2017 we are still testing each of these. There are limits to each to allow reasonable administrative remedies. This does not squelch those who petition for a broader or more specific definition, however. Today there are those who think their religious beliefs extend to them the right to legislate beliefs on others. Thus abortion has slipped into the religious legislation of the land. So too gender identification for use of public bathrooms.

Interesting turn, eh?

The Second Amendment regards the right to bear arms so that a well regulated militia could be secured. Somehow that ‘right’ has been extended to a dizzying array of weaponry all considered allowed by ‘arms’. And now we have homes, groups and institutions capable of, and actually armed to the teeth. For what purpose? Well we prefer not to define that, do we? It has to do with the freedom to bear arms, not the reason why this is so. Seems like a huge loophole to me.

The Third Amendment rarely is called into question, so we will skip it here.

The Fourth Amendment, however, is freedom from unreasonable search and seizure. Unless of course it is to determine whether your genitals are in fact in accordance with the public bathroom of your choice. Then it is anyone’s business to search (let’s not seize!) one’s privates. I doubt this was in the minds of our Founding Fathers.

The Ninth Amendment states: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This means that people may reserve rights to themselves that are not specifically included in the Constitution. However, passage of time and thousands of court cases later, most of the rights reserved have been defined and covered. And as history and culture continues to evolve those definitions and rights will be refocused and redefined as needed. The important thing here, however, is that the Constitution specifically stated that just because the ‘right’ isn’t specifically mentioned in the document, doesn’t mean that it will not be allowed in the future. A process will determine appropriateness of each and every incident in question.

So here we are in February 2017, and transgender rights and protections have now been removed by executive order. Abortion rights, the right for a woman to choose how her body will be used in continuing or ending a pregnancy based on her own evaluation of the issue, is in serious doubt. Equal rights to marriage is also open to change. Although settled law – both for abortion and equal rights to marriage – religious zealots have control of the votes in the Congress to authorize the changes.

This does not mean it is right. Therefore, the courts will once again be called to action.

Whether the courts are so constituted to administer these questions fairly, relies solely on the ideological bent of the justices sitting on the courts. That is the truth as uncomfortable as it is. Need I remind you these are the same justices who feel that corporations are people and thus able to donate endless amounts of money to congressional candidates? Just remember these same quasi-people are not allowed to vote! Some citizenship, huh?

If we claim to be a principled nation based on God and religion, then why has the primary commandment of all organized religion been pushed aside? You know the commandment of which I speak? Sure you do: Love God with all your heart, soul and mind; and love your neighbor as yourself.

Pretty direct, and pretty unquestionable as to meaning. Treating others as you would like to be treated is the Golden Rule. It still makes sense today. Even more sense than political bickering in Congress and the White House. Why have they so forgotten the basics?

February 28, 2017