What is wrong with the Bill of Rights?
In my previous post I stated I would explore how in my opinion our founding fathers should have worded the Bill of Rights as a Bill of Wrongs with examples and explanations.
What I disagree with is the way the Bill of Rights was written, and that afforded SCOTUS Constitutional power to interpret their personal political ideology over Congress.
For Example, The First Amendment reads as follows;
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.
Example of a Bill of Rights and Wrongs
- Congress shall make no law respecting an establishment of a religion, or prohibiting the free exercise thereof,
unless the religion teaches or promotes a religious belief to physically harm or kill either a human being, or for an animal sacrifice, damage property, or engage in actions in violation of laws approved by a Federal or State Congress, and/or the Supreme Court of the United States of America.
- or abridging e the freedom of speech, or the press,
unless the statements violate laws of libel.
3.or the right of the people peaceably to assemble,
unless assemblers disrupt rules of any lawful function of public or private functions, and/or, cause physical harm to persons or property.
4.and to petition the government for a redress of grievances.
unless the nature of the grievance is false, frivolous, or unlawful.
I Know What You Are Thinking Right Now……and that is ……
Congress cannot agree right now how to tie their own shoelaces. How is anyone ever going to get them to agree on changing the Bill of Rights which have been in existence since 1787?
I will explain how it can be done very easily without a Constitutional Convention. First I want to explain some reasons why we need to do something soon about the Bill of Rights or we may have another war among ourselves within the USA, as what happened a number of times in USA history.
Explanation
I emulated the two limb (verse) style used in the majority of King Solomon Wisdom Proverbs.
The first verse is the exact wording of a specific Right in the Bill of Rights. The second verse is a pithy explanation of what not to mistakenly presume about what the Right affords. In other words, the first verse is the Right and the second verse is the Wrong of the first Ten Amendments of the Constitution.
Why Change?
There are misunderstands and lawsuits about Rights and too many lawyers in the USA, (1/3000), What we read and see in the news of people protesting and arguing they are within their Rights with police, there is something wrong that needs to be understood to resolve misconception and communication and continued new problems propping up about Rights.
Three Current Issues as Examples of Need for Change
First
This first issue that concerns me the most is the First Amendment Right about freedom of religion. Our government, because of this SCOTUS statement, will ‘not have any excessive entanglement with religion.’ Even though Islamic jihad in the Koran and statements of being right to kill infidels, non-believers of Islam?
SCOTUS and Congress seems to have forgotten, or perhaps may have no knowledge of what happened in the USA with the Mormon Religion. Violence and in State wars erupted because the Mormons gained political power by their grouping together in communities and their exclusiveness and refusal to assimilate. Congress finally passed a law, Reynold v United States, to challenge Mormon religious beliefs. Only then, Mormon leaders changed their teachings and began excommunicating members if they did not obey USA laws.
Second
The recent interpretation by SCOTUS about gay marriage which in the opinion of Chief Justice Thomas wrote. “This court is not a legislature,” Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be.”
Will the law ever be accepted in time, same as the flag burning issue, as Justice Kennedy predicted? I rather doubt it will until all religions change their views of marriage is a blessing for a man and a woman, not a Right. Does anyone believe that will happen in time? You decide.
Third
The Obama view that terrorist and illegal immigrants may have the same Rights as USA citizens is a grey area that needs to be addressed by both Congress and SCOTUS. Convicted felons Rights are taken away when they violate a law. Yet, because Congress has never declared War, our Federal and State Justice Departments treat convicted terrorists as criminals instead of war combatants or traitors. As for illegal immigrants, politicians have turned a blind eye (for thirty years) by never enforcing the 1987 amnesty as was enacted by President Reagan and Congress.
In My Opinion
In time, there will again be violence in the USA against Muslims if they are allowed to continue to believe in jihad and Sharia Laws that conflict with USA laws.
If the founding fathers wrote the Bill of Rights and Wrongs as in my above Example, SCOTUS would not have power to interpret the original wording intentions of the founding fathers. Instead SCOTUS would have to have Congress enact a laws as was the original intention of the founders.
Also, if the Rights and Wrongs were used to teach Civics Government in High Schools, and Citizenship courses, both citizens and police would benefit. Same as in the warning manner we teach and use green and red lights on roads. We easily learn what green (Right) and red (Wrong) means and this helps on our paths to drive lawfully.
As for the current immigration problems in the USA, Congress needs to listen to this wise advice written 3000 years ago.
King Solomon.
The beginning of strife is seepage of water; so desist before the quarrel erupts. (Proverb 17:14)
The beginning of strife is as when one letteth out water,…. As when a man makes a little hole in the bank of a river, or cuts a small passage in it, to let the water into an adjoining field; by the force of the water, the passage is widened, and it flows in, in great abundance, to the overflow and prejudice of the field; nor is it easily stopped: so a single word, spoken in anger, with some warmth, or in a way of contradiction, has been the beginning and occasion of great strife and contention. (Gils Commentary)
In My Next Post
I will explore how and who, in my opinion, should write the Bill of Wrongs and how it can be passed and used constructively in the future to both teach rights and prevent better understanding of Rights and Wrongs. Note a typical example of the problem I am highlighting in the first Related Sources links below.
Regards and goodwill blogging.
Related Sources
Mother Cites Religious Freedom Law HERE
Arguing Definitions Not Rights HERE
Wikipedia Reynold v United States HERE
Wikipedia Mormonism and Violence HERE
Border-less or Open Society Lawless or Tyranny HERE
Confronting Constitutional Change HERE
Previous Posts
Post One HERE
Post Two HERE
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