The "Obama-Adjusted" Bill Of Rights - An Opinion


The first 10 Amendments to our Constitution (i.e., The Bill of Rights) were ratified in December 1791. Here they are:

The obama administration via executive orders, the continuing ills of the Department of Homeland Security, the obfuscation of the legal system by the Attorney General, Eric Holder, and a myriad of other misdealings, in effect, has performed a "redaction" of these same Bill Of Rights.

First a quick note on the Department of Homeland Security (DHS).

No, the Obama administration did NOT initiate the DHS. It was started and fueled by his predecessor, G. W. Bush. However, this administration has done NOTHING to curtail its ongoing violations of the 4th amendment - among others.

The "Redacted" version:

We are a nation of laws. There are things in our Constitution that some feel should be changed or clarified. I have a few myself. And, there is a way, by law, to do just that. It's called Article V of the US Constitution. Change the Constitution or follow it. Any other avenue is reprehensible; other avenues include but are not limited to: 'prosecutorial discretion', 'executive order', or any legal wording "tricks" to obviate the original meaning of the document.

Thomas Jefferson in his argument before the Supreme Court offered: “On every question of construction, (we must) carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.”

Now for examples and rationale for my assertion that this administration, in effect, is obviating our Bill of Rights.

The 1st Amendment:

Obamacare has provisions that, in essence, prohibit certain religions from exercising their "free exercise", as it were. For example, Catholics are being forced to include medical coverage for procedures and methods that are against their religion. Birth control and abortion coverage are the biggest two issues here. Click Here, Here, and Here for examples.

Further, this administration seems to go to great lengths to thwart Christian religious practices while advocating the "goodness" of the Islamic faith. Click Here, Here, and Here for examples.

While not directly "abridging the freedom of speech", this administration, via political correctness and a complicit media, again, goes to great lengths to humiliate, denigrate and misrepresent those who oppose it's policies. Click Here and Here for examples.

This administration has been shown to thwart the intentions of groups opposing its policies in favor of those supporting them relative to intended gatherings. Click Here for an example.

When such scandals as 'Fast & Furious', 'Benghazi', 'the IRS targeting conservative groups', and 'the NSA snooping" have been questioned by our elected representatives, the Obama administration has lied and withheld evidence that would allow us our "redress of grievances". Click Here, Here and Here for examples.

The 2nd Amendment:

The Obama administration from its very inception has attempted to foster gun control on the American people. As a fundamental right guaranteed by our Constitution, it is unconscionable for a chief executive of our nation to attempt to thwart the very laws he has sworn to uphold. Click Here, Here, Here, and Here for examples.

The 3rd Amendment:

No known attempts, as yet, have been seen to obviate this Amendment. But, there are still 2 years to go for this administration.

The 4th Amendment:

The DHS, and specifically the Transportation Security Administration (TSA), is the primary culprit here. The Patriot Act comes into play as well. Both of these entities were started prior to the Obama administration. Again, this administration has done nothing to ensure or restore the freedoms offered by our Constitution.

Everytime we go to the airport to take a flight 'searches and seizures' are conducted without 'probable cause'. We are led to believe these onerous policies are conducted to ensure "National Security". However, there is NO evidence that the TSA has protected us from even ONE act against our national security.

Passengers and their luggage are searched. "Forbidden" items are confiscated with no renumeration or avenue of appeal. Taking my "pen knife" from me? Believe me, I can do more and faster lethal action against someone with a number 3 pencil than with a pen knife. The term "reasonable" seems to be at the whim of the TSA agent and not defined anywhere as to a "standard" for "reasonable".

The term "probable cause" seems to have been replaced with "possible, unidentified, and unsubstantiated cause".

Not that examples should be necessary on this one, but Click Here, Here, Here, Here, Here, and Here.

Before moving onto the 5th Amendment I want to take an aside here on the National Security Agency (NSA). There are many who would argue that the NSA has no right to collect and/or monitor our phone calls, emails, and the like. The recent revelations of the NSA's spying on Americans is rampant.

Consider: When one makes a phone call, sends an email, etc., that person is "releasing" to the world data/information that otherwise would be considered "personal". The belief that capturing such data is against the 4th Amendment's "unreasonable searches, etc." is fallacious.

The person sent it out having no way to fully protect the information. They may feel that such is "private"; but it is not. This is VERY similar to putting out your trash. You threw out the stuff - it's now free "pickins" to anyone who happens by your trash can. This is no different than spewing your thoughts out into the airwaves. So, as unseemly as it may be, what's "out there" is "out there". Be careful what you say or write!! You should have NO expectation of privacy.

The 5th Amendment & The 6th Amendment:

These 2 Amendments have been grouped as both relate to "due process". The USA Patriot Act (i.e., Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001) allows the government, based upon suspicion alone, to inter individuals without due process of law - i.e., to be held indefinitely without trial. Click Here for a commentary on this act.

There's a flip side to this as well. It seems a reasonable expectation that the government, as part of its "due process", would seek to bring to trial persons committing activities/actions that, by statute, are "illegal". Apparently, this administration feels otherwise. Here for a commentary on this aspect.

As well, this administration failed to prosecute "certain" individuals for criminal acts aimed at thwarting the very nature of our republic - voting rights. Here for the story on this incident.

The 7th Amendment and the 8th Amendment:

As with Amendment III (above), no known attempts, as yet, have been seen to obviate these two Amendments. But, there are still 2 years to go for this administration.

The 9th Amendment:

The Ninth Amendment to the U.S. Constitution is somewhat of an enigma. It provides that the naming of certain rights in the Constitution does not take away from the people rights that are not named. Yet neither the language nor the history of the Ninth Amendment offers any hints as to the nature of the rights it was designed to protect.

Therefore, in all fairness, this Amendment must be labeled as "not affected" by any action of this administration.

The 10th Amendment:

Obamacare is one of the more flagrant violations of this Amendment. Not a single statement in the US Constitution offers the federal government the power to enact health care legislation. In fact, the primary author of the Constitution, James Madison, had this to say on the subject: "I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents."

As the Constitution permits the states and the people all powers NOT specified as belonging to the federal government, the individual states may enact health care provisions as they see fit (as did, Massachusetts, for example).

Thomas Jefferson explained the pre-eminence of this Amendment in 1791: "I consider the foundation of the Constitution as laid on this ground: That ‘all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.’ To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition."

Expositions on this topic may be found Here and Here.