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Today Is National Bill Of Rights Day. Now, More Than Ever, We Need To Remember.

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“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.”

 

In 1941, Democratic President Franklin D. Roosevelt declared December 15 to be Bill of Rights Day, commemorating the 150th anniversary of the ratification of the Bill of Rights. In the present climate of political repression in which we find ourselves, the importance of the first ten amendments to our constitution deserves to be recognized.

During the debates on the adoption of the Constitution, opponents repeatedly charged that as drafted the Constitution would open the way to tyranny by the central government.

Remembering the violation of civil rights before and during the Revolution, the Founding Fathers demanded a “bill of rights” that would spell out protections for individual citizens. Several state conventions in their ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.

James Madison originally introduced the amendments to the first United States Congress as a series of legislative articles. Prior to his proposing the amendments, Madison acknowledged there was discontent with the Constitution as written:

“I believe that the great mass of the people who opposed disliked it because it did not contain effectual provision against encroachments on particular rights, and those safeguards which they have been long accustomed to have interposed between them and the magistrate who exercised the sovereign power: nor ought we to consider them safe, while a great number of our fellow citizens think these securities necessary.”

The Bill of Rights was adopted by the House of Representatives on August 21, 1789, formally proposed by joint resolution of Congress on September 25, 1789, and upon ratification by three quarters of the States, came into effect as Constitutional Amendments on December 15, 1791. While twelve
amendments were passed by Congress, only the ten we call The Bill of Rights, were originally passed by the states. Of the remaining two, one was adopted as the Twenty-seventh Amendment and the other still technically remains pending before the states.

The Bill of Rights originally only included legal protection for land-owning white men; it excluded African Americans and women. It took additional Amendments and decisions by the Supreme Court to extend the same rights to all U.S. citizens.

UC Davis police officer pepper spraying unarmed, non-violent students at campus Occupy Movement protest, November, 2011

The First Amendment is especially referenced these days; most often because of recent attempts to bring religion into the political discussion or to curb freedom of speech and the press and peaceable assembly. As we observe the sometimes successful attempts to insert religious belief into school curricula and the excesses of police brutality; pepper-spraying, tear-gassing and arrests of peaceful protestors and the prevention of the press from photographing the incidents, the importance of The First Amendment is especially apparent.

 

Congress OF THE United States
begun and
held at the City of New York, on Wednesday
the Fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of
the States having at the time of their adopting the Constitution, expressed a
desire, in order to prevent misconstruction or abuse of its powers, that
further declaratory and restrictive clauses should be added: And as extending
the ground of public confidence in the Government, will best insure the
beneficent ends of its institution

RESOLVED by the Senate and House of
Representatives of the United States of America, in Congress assembled, two
thirds of both Houses concurring, that the following Articles be proposed to
the Legislatures of the several States, as Amendments to the Constitution of
the United States, all or any of which Articles, when ratified by three fourths
of the said Legislatures, to be valid to all intents and purposes, as part of
the said Constitution; viz.:

ARTICLES in addition to, and
Amendment of the Constitution of the United States of America, proposed by
Congress, and ratified by the Legislatures of the several States, pursuant to
the fifth Article of the original Constitution.

Article 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.

Article
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.

Article 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.

Article 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.

Article 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 offence 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.

Article 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.

Article 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 re-examined in any Court of the United States, than according to the
rules of the common law.

Article VIII

Excessive
bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.

Article
IX

The
enumeration in the Constitution of certain rights shall not be construed to
deny or disparage others retained by the people.

Article 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.

Upon ratification by three quarters of the States, these ten articles came into
effect as Constitutional Amendments on December 15, 1791 and are known as The Bill of Rights.

 

Stuart Wilber. Photo by Mathew Ryan Williams

 

Stuart Wilber believes that living life openly as a Gay, Lesbian, Bisexual, Transgender or
Allied person is the most powerful kind of activism. Shortly after meeting his partner in Chicago in 1977, he opened a gallery named In a Plain Brown Wrapper, where he exhibited cutting edge work by leading artists; art that dealt with sexuality and gender identification. In the late 1980’s when they moved to San Clemente,
CA in Orange County, life as an openly gay couple became a political act. They moved to Seattle 16 years ago and married in Canada a few weeks after British Columbia legalized same-​sex marriage. Although legally married in some countries, they are only considered domestic partners in Washington State. Equality continues to elude him.

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News

‘This Is Authoritarianism’: Experts Warn on US Midterm Elections

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The United States is facing a major test of American democracy as experts warn that the Trump administration is dragging the nation into “some form of autocracy,” NPR reports.

The U.S. has already crossed the threshold and become an “electoral autocracy,” Staffan I. Lindberg, the director of Sweden’s V-Dem Institute, told NPR.

“I would argue that the United States in 2025-26 has slid into a mild form of competitive authoritarianism,” said Steven Levitsky, a professor of government at Harvard University and co-author of How Democracies Die. “I think it’s reversible, but this is authoritarianism.”

“Under competitive authoritarianism,” NPR explained, “countries still hold elections, but the ruling party uses various tactics — attacking the press, disenfranchising voters, weaponizing the justice system and threatening critics — to tilt the electoral playing field in its favor.”

Levitsky cited several critical points in September as examples, including the Trump administration’s threat against ABC parent company Disney following host Jimmy Kimmel’s remarks on the killing of Charlie Kirk.

READ MORE: ‘Backtracking and Blowing Things Up’ Defines Trump’s ‘Whiplash’ Second Year: Report

“We can do this the easy way or the hard way,” Brendan Carr, the chairman of the Federal Communications Commission (FCC), said.

He also cited Trump’s proposal to use American cities as “training grounds” for troops.

“We should use some of these dangerous cities as training grounds for our military, National Guard, but military,” Trump said, as the Military Times reported.

The president “told the commanders that defending the homeland was the military’s ‘most important priority’ and suggested the leaders in attendance could be tasked with assisting federal law enforcement interventions against an ‘invasion from within’ Democratic-led cities, such as Chicago and New York City.”

“No different than a foreign enemy,” Trump said, “but more difficult in many ways because they don’t wear uniforms.”

Levitsky, NPR reported, “said this is the kind of language dictators in South America used in the 1970s — leaders like Augusto Pinochet in Chile.”

NPR notes that the “next big test” could come during the midterms.

Kim Scheppele, a Princeton University sociologist who has studied the authoritarian tactics of Hungarian Prime Minister Viktor Orbán, warned that in 2014 Orbán’s government “disenfranchised almost all the Hungarians in the U.K., most of whom were oppositional to Orbán,”

Dartmouth College professor of government Brendan Nyhan warned, “The way Election Day works in this country, there are no do-overs.”

READ MORE: Far Right Extremist Leader Puts Trump on Notice Over Epstein Files

 

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‘Backtracking and Blowing Things Up’ Defines Trump’s ‘Whiplash’ Second Year: Report

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If Americans during President Donald Trump’s first term were exhausted by his “controversy and chaos,” they now appear to be similarly distressed by his “backtracking and blowing things up,” according to a report by Politico.

In the second year of his second term, President Trump “intensified the volatility” from year one “with a succession of whiplash-inducing policy swings, several of which have almost immediately withered in the face of Republican opposition and public outcry.”

For example, the Trump administration just withdrew thousands of federal law enforcement officers from Minneapolis, following the two violent deaths of U.S. citizens and after “clashes with protesters turned the tide of public opinion against the president’s immigration crackdown.”

READ MORE: Far Right Extremist Leader Puts Trump on Notice Over Epstein Files

There is the Greenland gambit, which appears to be paused, at least for now. There were the “Liberation Day” tariffs he announced in April, only to partially, but quickly, lower them “within days following tremors in global bond markets.”

Trump threatened to decertify Canadian aircraft, then dropped the threat. He declared he would drop credit card interest rates to ten percent, then dropped that, too, and in a rare move, asked Congress for legislation to do so. His push to create 50-year mortgages appears to have subsided.

He paused millions of dollars in Centers for Disease Control and Prevention (CDC) funding for state programs, then reversed course about a day later.

“The whiplash has real implications,” Chrissie Juliano, the executive director of the Big Cities Health Coalition, told Politico. “It’s incredibly disruptive, even if you can get back to continuing the work, you know, two days later.”

Domestically and internationally, Trump’s “unpredictability” has become a “feature, not a bug.”

“In many matters, especially negotiations with other countries, his mercurial opacity is often an attempt to gain leverage, but his threats seemingly lead just as often to backtracking as blowing things up, be they Iranian missile depots, Venezuelan drug boats or the transatlantic alliance,” Politico reported.

READ MORE: ‘No Going Back’: Report Warns Post-MAGA America Will Never Be the Same

The risks are real.

“Even proposals that don’t ultimately move forward have consequences,” a financial industry insider, who was granted anonymity to speak candidly without fear of blowback from the White House, told Politico. “Markets react. Issuers reassess risk. When policymakers float price controls, it creates uncertainty that can translate into tighter underwriting and reduced access — particularly for higher-risk or lower-income consumers.”

Trump’s poll numbers are now at the lowest point of his second term, Republican pollster Whit Ayres told Politico.

“There’s a sense that this is a pretty chaotic administration and seems to remind people of the pandemic period in the first term,” Ayres said.

When a president’s approval rating is above 50 percent, the party in the White House loses House seats in the midterms, “but not that many,” Ayres noted. “When the president’s job approval is below, the average loss of seats is 32.”

Ayres “said that Trump’s approval numbers largely mirror those from his first term, when the public over four years grew exhausted by constant controversy and chaos.”

“Joe Biden’s fundamental message in 2020 was to restore normalcy,” Ayres said. “And that seemed to be persuasive to enough people to get him elected.”

READ MORE: ‘Political Stunt’: Trump Admin Rages After NYC Re-Raises Pride Flag at Stonewall

Image via Reuters 

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Rogan on Epstein Files: ‘Looks Terrible’ for Trump

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Prominent podcaster Joe Rogan warned that the handling of the Epstein files “looks terrible” for President Donald Trump and his administration.

“During Tuesday and Thursday’s episodes, Rogan criticized redactions the Department of Justice made from the files,” The Hill reported.

“Who knows what f — — happens with all this Epstein files s — —,” he said, according to video of his streaming show. “It just keeps getting crazier and crazier and crazier and deeper and deeper.”

“Why would your name be redacted if you’re not a victim?” Rogan also asked. “Like, this is what’s crazy about all this. Like, how come you redact some people and you don’t redact other people?”

READ MORE: Far Right Extremist Leader Puts Trump on Notice Over Epstein Files

“Like, what is this?” the podcaster continued. “This is not good. None of this is good for this administration. It looks f — — terrible. It looks terrible. It looks terrible for Trump when he was saying that none of this was real. This is all a hoax. This is not a hoax. Like, did you not know?”

“Maybe he didn’t know if you want to be charitable? But this is definitely not a hoax. And if you’ve got redacted people’s names, and these people aren’t victims, you’re not protecting the victim. So what are you doing?”

“And how come all this s — — is not released?” Rogan asked.

 

READ MORE: ‘No Going Back’: Report Warns Post-MAGA America Will Never Be the Same

 

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