Timing in life is everything. No sooner had we pondered the Ten Commandments in this space last week than the head of the Ethiopian Orthodox Church reportedly announced that he wants to display the “ark of the covenant,” kept hidden for thousands of years in his country. In Jewish history, the ark held the stone tablets on which their god’s commandments (half of the covenant) were written. Remarkable, if true.
We ponder now the covenant in American history, that between the American people and their government. As we’re taught in school, the British colonists in America declared independence from Britain in 1776, an event whose 233rd anniversary we celebrate tomorrow, and their Declaration listed numerous grievances against the British government, which they found oppressive. Thus began a difficult war to secure that independence, but once won, the colonies found themselves at odds with each other and set about amending the Articles of Confederation that had banded them together against King George III. Rather than amend those articles, though, their representatives proposed the creation of a new, national government, above those of the individual colonies. While there would be no monarch, the colonies feared accepting that which they had just thrown off, namely, an oppressive government.
So in order to secure ratification by the colonies for the new federal government, a “Bill of Rights” was added, to state clearly the limits of power of the new government. It comprised 10 amendments to the new Constitution, listed in their entirety in an adjacent space on this page. While they are often summarized in brief phrases, the richness of the language can be meaningful, and we encourage our readers to attend to each carefully, in turn.
Together, they are half of the special covenant between the people in the new nation (and us, today) with the government they created. Note the concluding two amendments, perhaps our favorites, which say, paraphrasing, “We just listed a bunch of things that we want to be super-clear about, that the government can not do to us. Anything we forgot to add, well, the government can’t do that, either.” Note that the intent of all of these amendments is not to protect the government from the people, nor to protect people from each other – the purpose of the Bill of Rights is to protect the people … from the government.
Heady stuff, and remarkably clear, 210 years later. We do wonder what James Madison, Thomas Jefferson and the others would think of the subsequent amendments to the Constitution and the enormous size and extensive reach of today’s federal government.
The other half of the American covenant? That we the people be responsible citizens and select from among ourselves representatives who will fulfill the obligations but not abuse the powers of government. Resisting that temptation may have gotten tougher with the erosion of individuals’ and states’ rights over the years and the expansion of national government power. But in our view, the U.S. is still the greatest nation on earth, and we are proud to call ourselves Americans.
Amendment I
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 II
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 III
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 IV
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 V
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 VI
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 defense.
Amendment VII
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 reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
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.
