The Bill of Rights at 220

On December 15, 1791, Virginia became the 11th state to ratify the first 10 amendments to the U.S. Constitution.

On the 200th anniversary of that date, the Missouri Bar Advisory Board on Citizenship Education published "The Bill of Rights - An Introduction." My dad had a photocopy of that document among his things, and it was one of the very few items I picked from among them, while in Missouri last month for his funeral.

I quote from the publication:

"The Impact of the Bill of Rights

"The first eight amendments limit the power of government by specifying a list of rights and liberties [belonging to the people - Ed.]. The Ninth Amendment suggests that rights other than those listed may also exist. The Tenth Amendment underlines the fact that the national government exercises only powers granted to it under the Constitution. (1)

"Today, because of the Fourteenth Amendment of 1868, most provisions of the Bill of Rights also limit state and local governments. The Bill of Rights cannot lawfully be violated by the government unless the Constitution of the United States is amended. (2) Ordinary laws, therefore, can not amend the Bill of Rights. ..

~ snip ~

"Rights and Duties

The existence of a right implies the existence of a duty. For example, if you have a "right" to free speech, then governments have a "duty" to honor that right. Interpretation of the Bill of Rights involves defining the rights and corresponding duties. ..."

I'm sure that, by now, you're all thinking of multiple instances recently where police have confiscated cameras, cell phones, etc. Those officers (and sometimes departments) have claimed that such actions as filming an arrest somehow hinders or interferes with said arrest.

Those departments involved are now busily paying fines levied by the courts for their malfeasance and abrogation of citizens' rights.

Not only is a freedom of speech issue, but in the case of bloggers, a freedom of the press issue. The courts have long since ruled that "press" is constituted as any means of publishing information.

Yes, I know I'm quite likely preaching to the choir, but sometimes it's helpful to go over the basics.

To continue:

"Fear of National Governmental Power

"Thomas Jefferson who represented the United States in France, and hence did not attend the Constitutional Convention in Philadelphia, was a leading critic of the new Constitution. He and others faulted the original Constitution for its failure to identify fundamental rights which the national government should not abridge.

"Eight of the 13 states ratified the Constitution with an understanding that a Bill of Rights would be added. After all, we fought the American Revolution because we suffered under an abusive government. We should be certain, they said, that the new Constitution did not create another instrument of tyranny."

"1. The national government has only the powers granted to it under the Constitution. State governments, however, have all power unless forbidden by either the state constitution, or by the national constitution.

"2. Several amendments to the Constitution were enacted to reverse constitutional interpretations made by the courts, including the Eleventh Amendment, the Fourteenth Amendment, the Nineteenth Amendment, and the Twenty-sixth Amendment."