"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
This document in seven simple articles, set forth the framework of the new government. From the powers allotted to the Legislature, the Executive and Judiciary, to the obligations of the States to the whole, to the methods for ratifying and amending the document. In 4,543 words, these men charted the path that our nation would take.
Unfortunately, their work was incomplete. George Mason of Virginia protested that there was no "declaration of rights" in the new Constitution and that it opened the door to tyranny by the central government.
Although most of the formal arguments for and against the Constitution, particularly as contained the the Federalist Papers, dealt with the power of the central government versus the various States, the undercurrent of Individual Rights was always present.
While some States had already had statements of rights passed by their legislatures such as the Virginia Declaration of Rights passed in 1776, most did not.
Even Alexander Hamilton, in the Federalist #84 was forced to address these concerns claiming that the Constitution contained "the common and statute law of Great Britain, by which many other rights, not expressed in it, are equally secured."
Additionally, he stated that "I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous."
Because of, or possibly in spite of, Messieurs Hamilton, Jay and Madison's efforts, on June 21, 1788 with New Hampshire ratifying, the Constitution of the United States of America came into effect. Elections were set for the first Tuesday in November 1788. On March 4, 1789 the first United States Congress took their seats and the government began operations.
Fortunately, the argument for a Bill of Rights had not died with the ratification of the Constitution. On September 25, 1789 the first amendments to the Constitution, later to become known as the "Bill of Rights" was passed by the Congress and submitted to the several states for ratification. In December of 1791, with ratification by the Virginia House of Delegates, the Bill of Rights became part of the Constitution of the United States.
To remind you all, these amendments are as follows:
Amendment 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.
Amendment 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.
Amendment 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.
Amendment 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.
Amendment 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 offense 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.
Amendment 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.
Amendment 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 re-examined in any Court of the United States, than according to the rules of the common law.
Amendment 8
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment 9
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment 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.
For the last two hundred and twenty three years, these simple words have held this country together and made her strong.
It is only when we have strayed from this enumeration of the rights of the individual that our country has gone astray.
Today I would say to you that our country is in just such peril.
We must return to our roots, to the Constitution, to it's actual words and original meanings, not what we want them to say, but what they truly say. We must reign in a bloated, over reaching central government and return the power to the States and the People.
We must, we can, and we will.
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