Today Is Bill of Rights Day! Is It Too Early To Start Drinking?

The Cato Institute's Tim Lynch celebrates Bill of Rights day with a sobering look at the current state of the Constitution's first 10 amendments. Here's a sample:

The First Amendment says that "Congress shall make no law… abridging the freedom of speech." Government officials, however, have insisted that they can gag recipients of "national security letters" and censor broadcast ads in the name of campaign finance reform….

The Fifth Amendment says that private property shall not be taken "for public use without just compensation." Government officials, however, insist that they can use eminent domain to take away our property and give it to other private parties who covet it….

The Eighth Amendment prohibits cruel and unusual punishments. Government officials, however, insist that a life sentence for a nonviolent drug offense is not cruel….

The Tenth Amendment says that the powers not delegated to the federal government are reserved to the states, or to the people. Government officials, however, insist that they will decide for themselves what powers they possess, and have extended federal control over health care, crime, education, and other matters the Constitution reserves to the states and the people.

Read the whole depressing thing here.

Comments

[Mark]

what about the ninth amendment?

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

In 1789, while introducing to the House of Representatives nineteen[4] draft Amendments, James Madison addressed what would become the Ninth Amendment as follows:[5]
It has been objected also against a Bill of Rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution.
Like Alexander Hamilton, Madison was concerned that enumerating various rights could “enlarge the powers delegated by the constitution.”[5] To attempt to solve this problem, Madison submitted this draft to Congress:
The exceptions here or elsewhere in the constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people; or as to enlarge the powers delegated by the constitution; but either as actual limitations of such powers, or as inserted merely for greater caution.[5]

we have been shitting on this one since day one

[BakedPenguin]

It’s commented on in the Cato link.

[T]

On the day of its birth, hoist a drink to mourn its passing.

Because the BOR is ready to go on the cart.

[db]

Which amendment gives Congress the power to pass laws authorizing the president to indefinitely detain citizens without charge or trial? That one’s doing pretty seller recently.

[db]

“Seller” =”well”

[R C Dean]

Sounds like general welfare to me.

[Stress N. Strain]

The most depressing thing about that article is that it barely scratches the surface when it comes to violations of our Constitutional rights.

[Auric Demonocles]

Is it too early to start drinking?

Nope, holiday party today. I contributed some 2 year old mead to the pot luck.

[R C Dean]

Nice.

I used to do a sparkling cranberry mead. The dry cranberry, the sweet mead, the high-alcohol champagne yeast . . . heaven! Every year, I’d make a new batch to replace the one that just got drunkenly revelled to death.

[Jason]

I need that recipe!

[P Brooks]

T already covered it.

I’ll treat it like a wake.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated”

*chuckles ruefully*

[AlmightyJb]

I am less than two hours away from some cold ones:)