Sunday, November 21, 2010

The Bill of Rights

We as Americans have a tremendous regard and respect for the framers of our Constitution because it was they that laid the foundation stones for the greatest country on earth. But on top of the many amazing aspects of the Constitution, one stands out as an act of wisdom and foresight that made sure the Constitution would remain a living document for centuries. That was the provision of the Constitution that allowed for the addition of amendments.

It was not long after the Constitution was ratified that the first ten amendments were indeed organized and became law. That those ten amendments have become as central to the American system of government as the Constitution itself. They have come to be known as the Bill of Rights.

The Bill of Rights are so deeply engrained in the American consciousness that they are often referenced in conversations about issues, how Americans work and live together and our relationship with the government. The true genius of the Bill of Rights was the work it did to severely limit the ability of the government of the United States to ever interfere with the fundamental rights of its citizens. This is a stunning achievement at a governmental level when you think in terms of legal systems of governments throughout history and around the world.

These ten amendments assure that the rights of citizens in this country are forever protected from any move by any administration to take those rights and give them to the government itself. As such, the government is forever banned from getting too strong and it relegates the government to a servant role in society which so often is not the case in governmental politics elsewhere in the world.

The ten amendments to the Constitution cover the core rights of Americans including…

1. Freedom of Religion, free speech, freedom of the press and the fundamental right of assembly without fear of harassment from the government. Also the right to petition the government to seek relief for grievances caused by the government.
2. The right to bear arms.
3. Protection from the forced habitation of troops in civilian homes in a time of conflict.
4. Protection from unreasonable search and seizure as part of a criminal investigation.
5. The right to due process when being accused of a crime.
6. The right to a jury trial, to be allowed to cross examine your accusers and other rights of accused to assure Americans cannot be “railroaded” by the legal system.
7. The right to civil trail by jury
8. Protection against cruel and unusual punishment and the right to bail.
9. Protection of rights not specifically spelled out in these ten amendments
10. Protection of states rights.

Of these rights, the ones listed in the first amendment are most often quoted and most cherished by Americans. The original authorship of the Bill of Rights is credited to James Madison. These basic rules of order for how the government will respect its own citizenry set in place and entitlement of rights by American citizens that has fundamentally shaped this country and how Americans come to expect its government to behave.

It endowed the citizenry of the land with an expectation that the rights of the citizens of the country at a very basic level are more important than the rights of the government and that the government “works for us” which is a phenomenal change to the way societies have been organized throughout history. As such, The Bill of Rights is one of the many reasons that America can be regarded as the most unique country in the world and the country that many citizens of other nations wish their own counties would emulate.

Wednesday, November 10, 2010

The Civil War

America has been part of some devastating battles over her long history.   World War I and World War II were tremendously difficult conflicts and ones that taxed the nation’s resources to the maximum.  But none of those conflicts can compare to The Civil War not only for the brutality and devastation of human life but in the damage to social fabric that was caused by that terrible conflict.

America is proud that it has never had a battle on its native soil.  Other than Pearl Harbor and 911, we have never even been attacked on our own soil.  So it took a war of brother against brother, American against American to make even the possibility of war within the borders of America even possible.

The war’s statistics are staggering for a relatively short conflict.  The war started on April 12.  1861.  It was the confederacy that drew first blood attacking Fort Sumter in South Carolina.  The battles of the Civil War and legendary.  We have come to honor the dead of both sides of this bloody conflict by preserving many of those historic battlefields even to this day.

Throughout the war, the North was at an advantage in preparation, equipment and supplies.  But General Lee, who commanded the confederate army, was a brilliant strategist and the battles often resulted in massive casualties on both sides.  When the final tally was drawn up, over 970,000 American citizens died from the Civil War.  While that may not compare numerically to the huge losses in the two world wars later to come, this figure represented 3% of the American population at the time.  And since the huge majority of the war dead were from America’s youth, the hope for her future, the set back this war had on the development of America’s economy was truly remarkable.

In modern times we look back on the Civil War as a titanic battle to bring an end to the horrors of slavery in this country.  And to be sure, the Civil War is and will forever remain a central part of black history and the beginning point of the civil rights movement in America.  But the causes of the Civil War were complex and diverse which only made negotiation and resolution of the war more difficult in advance of conflict.

Part of the issue that was being fought out was the rights of states for self determination as balanced with the rights of the federal government to determine affairs in the individual states.  On the surface, this may seem trivial compared to ending slavery but put in context, it was a critical relationship to iron out in light of our not very distant memory of our revolution against England for trying to impose unreasonable controls on the colonies. 

American’s are fiercely independent people and that independent spirit was born in the battles of the revolutionary war where America stated firmly that they would no longer bow to a king or let the centralized government have such sweeping control over individual lives.  The outrage over how England tried to put the colonies under servitude was the foal that caused the explosion known as the Revolutionary War.  And much effort was made to assure there was language in the constitution and other critical documents to assure that the federal government would be severely limited from interfering in the lives of its citizens.

Beyond that the preservation of the union as one country was also in contest in the Civil War.  But it was the moral issue of slavery that made the Civil War such an emotional issue and one that caused people to fight with such ferociousness to defend their side.  In the end, even Abraham Lincoln made slavery the central rational for the war and determined that the end of this barbaric practice would be the legacy of this horrible conflict.

But one thing that also was a legacy of the Civil War was the determination that we, as Americans, would never turn our war machine on our own citizens again.  The war tore families apart and literally caused brother to war against brother.  Since reconstruction and the union of America, the country has had a bruise in its national psyche over this war and that bruise reminds us that we are one people and we would always be one people devoted to the causes of truth, justice and the American way of life.