Posted: 12/11/2008 9:02:00 PM EDT
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In perusing the constitution one has to wonder, do the justices also take the order in which the amendments are documented and written into account?
I am only looking at A1 - 10 |
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do some homework and you will find that the Founding Fathers never intended the BoR to be an exhaustive list and certainly not ordered by importance of Rights.
in fact, there was much discussion/fighting by the FF about whether it needed to be written down at all. rational heads prevailed and they diligently drafted the BoR, just in case. |
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Quoted:
In perusing the constitution one has to wonder, do the justices also take the order in which the amendments are documented and written into account? I am only looking at A1 - 10 Lately I don't think they even look at the Constitution. Anytime a memeber of SCOTUS says that the 2nd grants a right that clearly shows they can't even be bothered to read the preamble to the BOR and have no understanding of the document. |
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Quoted:
1-10 were a block. But I think the order does impart some importance. It's similar to Maslow's hierarchy of needs. So that would be a order by implication then one that is a legislated order? I mean if you read them there seems to be a order which if you mix them up things read a bit screwy. My impression was that the 1st was placed ahead of the second was that the drafters out more value to words over weapons. Trying to research this but there is a ton of documentation, as well as the personal letters of the framers, and context which has to be waded through. It's amazing how truly abstract the document is allowing it to be still just as valid and applicable as the day that it was written. Except the $20 bux for the lawsuit part lol The Constitution and Bill of Rights are a beautiful peace of social software. |
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The bill of rights where written and passed to appease the anti-federalist aka the people who didn’t want a big central government but thought state should have more power with in its state and the government should be there to deal with foreign and other issues but not those of the individual states. The federalist where for more central government power and role, obviously as implied in the name the anti federalist we not and thus there where debates back in forth for many years and things where written such as the Federalist Papers. Everyone well most people don’t realize or forget that our government wasn’t created in 1775 nor right after the end of the American Revolution, there was this thing called the Articles of Confederation which was our first constitution in a since and we where a confederate government and this was all adopted and ratified in 1777. Then years later oh around 1787 the United States Constitution was perceived written and then ratified by December 12, 1787. So a whole 10 years passed before the constitution was ever written or adopted that formed the United States of America that was the original base for this country that was accepted and agreed upon by both Federalist and Anti Federalist. Also before the Constitution was ratified this guy name Shay with some other guys threw a rebellion and their main cause was fighting against unfair taxes and debts that where crushing farmers and other states men who where imprisoned for debt or imprisoned by the circle of taxes and debt, which is part of the large if not the largest reason we started the American Revolution to begin with. The rebellion forces where defeated by a private army in February 1787. What government we have now is just a sparse shadow of what was formed as it has been manipulated and contorted and other areas and things are fore fathers tried to protect and guarantee or keep from happening happened and people in government gave themselves more power and took power away from others etc.
Knowledge is power, yet most know nothing of the past and or what is going on in the present. We must study and learn our past but not try to live in it for that is futile. We must live in the now for there is only then and now and now is always now the future is unsure but right now is sure and only when we change what is going on now can we have affect on the future now. We can not live solely in the future for it is also wishful thinking and futile for if we ignore the present and the past we will surely perish. |