The First, Fifth and Ninth Amendments + A Word on Freedom

The First, Fifth and Ninth Amendments + A Word on Freedom

Generally speaking, I am impressed by the way that the Constitution is constructed. It is an elegant document, precisely worded, and well thought-out. I particularly like the way the amendments (especially 1-10, which comprise the Bill of Rights) clarify the main document. I think that the framers gave a great deal of consideration to how the Constitution might be interpreted, and guarded against it being twisted by politicians with their own agendas. Clearly, they continued thinking about it even after the initial document was signed, continuing to fine-tune the principles laid out initially. Here are some of the things I think are most important about the Bill of Rights: 

1^st Amendment: I cannot tell you how much I love the fact that the First Amendment says flat out that there is no state religion, and that people are free to practice any religion they choose. To me, that also says that people are free to choose to practice *no* religion, but I know there are many who will disagree with that statement. In my mind, religion has no place in politics or public life. I grew up Catholic, but now consider myself atheist. I think that the Constitution affords me the right *not* to believe, and protects us all equally, no matter what we choose to believe.

  

 5^th Amendment: The Fifth Amendment says that when a person is on trial, he or she is not required to incriminate himself. This is such a brilliant legal point. If the state wants to convict someone of a crime, it’s up to them to prove it. We as citizens don’t have to help them make a case against us. This shows that the framers of the Constitution did their best to view issues from all sides, and to err on the side of protecting individuals vs protecting the government.

9^th Amendment: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” This is a particularly meaningful turn of phrase for me. It says (again in plain language) that it is not acceptable for one side to twist the words of the Constitution in order to limit the freedom of others. This shows great foresight, because it acknowledges the human tendency to contour words, laws, and guidelines to suit their own agendas. Just look at the way people use religion, the same words in the same books, to convey wildly different messages, based on their own beliefs and ideologies. I think the litmus test for Constitutional Amendments should be something like “does this enhance the freedom of the majority of Americans?”

As far as Freedom goes, this class has gotten me to re-examine my views on history and what it means to be free. When I was in elementary school in the 1970s, history was presented as incredibly cut-and-dried. America was “The Land of the Free”. In those days, I did not know that “All men are created equal” meant “all white men who are from Europe or whose families come from Europe. It also didn't include the men, women and children who were already living in the "New World". When I was a little kid in school, there was no discussion of how the indigenous people here were actually treated. There is quite a disconnect between the history that takes these realities into account, versus the history that just says “everyone” (including the land) was instantly free of tyranny the moment the document was signed. We are still working on full freedom for all Americans, but we are certainly moving in the right direction, towards inclusion and validation of all people. I know the Constitution isn’t perfect, but I do think it’s a huge asset to the United States, and will continue to serve us well for the foreseeable future, in spite of the fact that it was crafted by men who were products of their time.