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The first amendment guarantees the freedom of religion, speech, the press, assembly, and petition. Some scholars, including the normally brilliant Leonard Levy, have argued that the intent of the amendment was the protection of the press recognized under the pre-existing English common law. Under the common law, the press cannot be censored before publication, but legislators could create prosecutable offenses such as seditious libel. However, other scholars, such as Lucas Powe in his The Fourth Estate and the Constitution have argued that the first amendment was meant to change the law of the time and make speech harder to prosecute, which seems more likely.

The Right to Freedom

          of Speech

Civil Liberties

Introduction to Civil Liberties:

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"Since the Mosaic code, societies have recognized certain procedures in court, in order to protect the innocent from wrongful conviction...."

Amendment I

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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.

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Amendment II

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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.

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Amendment III

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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.

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Amendment IV

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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.

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Amendment V

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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.

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Amendment VI

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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.

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Amendment VII

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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.

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Amendment VIII

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

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Amendment IX

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

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Amendment X

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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.

The Bill of Rights:

"By no right can you [Oh Emperor] violate the house of a private person, and do you think that the House of God may be taken away?"

 

~ Bishop Ambrose

Working Papers:

"Biblical Judicial Procedure, With Applications to the Constitutions of the United States and Commonwealth of Virginia." By William Seabolt Coming soon.

Book to Read:

The Camden Institute

Vigilantibus et non Dormientibus Jura Subveniunt

Law, Economics, Public Policy, and Freedom

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