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Chapter 13-First AmendmentIn the 1943 Supreme Court Case of West Virginia Board of Education Vs. Barnette 319 U.S. 624, Justice Robert H Jackson said the following: “The very purpose of the Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcomes of no elections.” (Bold added)
The amendments of the Constitution are not to be submitted to a vote. This means leave them alone, you (Congress) do not have the power to pass laws concerning these rights. Having said that, this statement is only partially true. Congress can pass any law on any item concerning the places under its jurisdiction (D.C., Federal areas and buildings, etc.). With that in mind, it is the enforcement of laws outside of that jurisdiction that allow the subjugation of the American people to laws which our government leaders know do not apply to citizens within the states. This is cowardly and despicable!
The first Amendment does not give us any rights. The amendment is comprised of six limitations put on the government. It merely states what the government cannot do, and thus protects citizens rights from government infringement.
The amendment reads as follows:
“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.”
The six protections against government encroachment are:
1.
Congress shall make no law respecting an establishment of religion
2.
Congress shall make no law prohibiting the exercise of religion
3.
Congress shall make no law abridging the freedom of speech
4.
Congress shall make no law abridging the freedom of the press
5.
Congress shall make no law abridging the right of the people peacefully
to assemble
6.
Congress shall make no law abridging the right to petition the
government for a redress of grievance.
We will look at each of these to determine if the intent of the Constitution is being followed by our government, to include the courts.
