E-Newsletter No. 65 May 2019
Should convicted felons who are currently incarcerated be allowed to vote? Before we get into a discussion that will help us arrive at an answer to that question (which is currently being debated by a number of candidates running to be the Democrat party nominee for President) we probably need to back up a few steps and have a discussion about the nature of rights in general.
Let’s start with the Bill of Rights, and specifically the first nine amendments. (We will have a separate e-newsletter in the future about the tenth amendment). But before we even get to the Bill of Rights, we need to back up even further to The Declaration of Independence.
The second paragraph of the Declaration begins with “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.” So, let’s start with a discussion about unalienable rights. Simply put, each individual person is born with these rights, and you do not need to look to the government or to any other individual as being the source of those rights. These personal rights include the freedom of speech and the right to peaceably assemble to address grievances (1st Amendment) and the right to protect yourself and your family members (2nd Amendment).
The next six amendments are basically unalienable rights that deal with protecting the individual from the government (or a mob). These include the right to not be forced to house members of the military (3rd Amendment), to protect yourself against illegal searches and seizures (4th Amendment), to not force yourself to be a witness against yourself or be deprived of your private property without just compensation (5th Amendment).
In regards to all criminal prosecutions, you have a right to a speedy and public trial and to be able to confront any witnesses against you (6th Amendment), in suits at common law, you have the right to a trial by jury (7th Amendment), and you have protections against excessive bail and cruel and unusual punishments (8th Amendment). It should be noted that under the 6th and 7th Amendments, there is a presumption of innocence, rather than a presumption of guilt.
When the Bill of Rights was being debated, it was recognized that Amendments 1 through 8 are unalienable rights of each individual, but each of these rights needed to be specifically added to the Constitution and guaranteed by the government. However, as we all know, ever since these amendments in the Bill of Rights were approved in 1791, each and every one of these rights has come under attack by forces who want to diminish liberty and increase the power of the government.
The 9th Amendment simply states that we are not capable of being able to list every unalienable right that has been endowed by our Creator. Therefore, the 9th Amendment states that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” (on behalf of each individual).
The other key passage in the second paragraph of The Declaration of Independence states “That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” Unfortunately, this last phrase, along with the subsequent perversions of both the General Welfare clause and the Commerce clause, are the primary reasons why we have an out-of-control, intrusive, coercive federal government. This phrase about “the consent of the governed” has become the primary gateway exploited by the progressive movement to alter the original intent of the Constitution. We will have more discussion about that problem next month.
In the meantime, please note that we have added a new page to the Foundation’s website entitled “Videos”. If you have a moment, feel free to check it out www.f2ppr.org/videos/ .
US Debt Clock – – April 1st – $67,462 per citizen / May 1st – $67,672