12.10.07
We The People
I actually had good feedback on the idea of explaining the Bill of Rights. Well, offline, anyways. So, for the next couple of days work permitting, the Bill of Rights. What it says, what it means, and its use in modern day society. At one a day, my christmas gift to you. Working backwards and pulling from the National Archives (and cut and pasted from Wikipedia after double checking)…
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.
What it means: The Constitution is the premiere law making document in the United States. It lists the rights and responsibilities of the federal government and the people of the land. Anything NOT listed in the Constitution may be covered by state laws, or governed by the people. as in, if there is no federal law, there may still be a state law, and if there is no state law…it’s legal.
Today: No set of laws can govern everything, and different areas require different regulations. Additionally, we don’t want a set of laws so repressive as to control the entirety of every action of society. That’s why this is in here…anything not already proscribed is fine to do. At least, until the person gets caught at it. Of course, there is some debate about that. The generally accepted idea is that since the person was committing the action before there was a law against it, or not doing something they SHOULD when there is no regulation telling him he should…it’s not a crime and they can not be punished. Then, legislation is rushed through, new laws made…and the person is generally grandfathered through and still free and clear. The debate is that some people feel the person should be tried retroactively…for a crime committed when it wasn’t a crime. Think about that…should it ever become a crime to, say, dye your hair, anyone who has EVER dyed their hair could be brought up on charges.
That’s why, as distasteful as it is, people that create and commit new kinds of criminal acts are often let go, and in scholars opinion, why this amendment was originally included. We can live without fear that our actions now will get us in trouble later.