| Dear Mr. Premack: December 15 is
National Bill of Rights Day. I remember a few years ago you wrote about
the Bill of Rights, and the PBS documentary "Liberty" a few
weeks ago has re-ignited my interest. Could you share that information
with us again? - W.C.
Although the colonies declared independence in 1776, our first
government was not officially formed until the Articles of Confederation
of 1781. The people were dissatisfied with that weak government, and in
1789 ratified the Constitution, which called for a much stronger central
government.
At the same time they desired a strong central government, they
feared it as well. For protection of individual liberties several states
pushed for enactment of a Bill of Rights. It passed as the first 10
amendments to the Constitution in 1789.
Texas, too, has adopted several bills of rights - one in our
Constitution and two in our statutes. We have an equal rights amendment
to guarantee equality under the law regardless of a person's race, sex,
color, creed, or national origin. We have a statute aimed at protecting
Senior Citizens and another protecting patients in Personal Care
facilities. But the federal Bill of Rights sets the baseline; a state
can offer additional rights, but can never restrict a right guaranteed
in the Constitution. The federal Bill of Rights says:
"1. 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."
"2. A well regulated Militia, being necessary to the security of
a free State, the right of the people to keep and bear Arms shall not be
infringed."
"3. No Soldier shall, in time of peace, be quartered in any
house, without the consent of the Owner, nor in time of war, but in a
manner to be prescribed by law."
"4. The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon probable
cause, supported by Oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized."
"5. No person shall be held to answer for a capital or otherwise
infamous crime, unless on a presentment or indictment of a Grand Jury,
except in cases arising in the land or naval forces, or in the Militia,
when in actual service in time of War or public danger; nor shall any
person be subject for the same offence to be twice put in jeopardy of
life or limb; nor shall be compelled in any criminal case to be a
witness against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for
public use, without just compensation."
"6. In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the State
and district wherein the crime shall have been committed, which district
shall have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his
favor, and to have the Assistance of Counsel for his defence."
"7. In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved,
and no fact tried by a jury, shall be otherwise reexamined in any Court
of the United States, than according to the rules of the common
law."
"8. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted."
"9. The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by the
people."
"10. 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." |
