Saturday, January 1, 2011

Words Mean Stuff (only if you know what they mean)

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.

Seems very simple to me.  I find it interesting that hundreds of court cases have been brought forward regarding our Constitution's First Amendment.  Why is so difficult to understand and apply?  As I was wondering, I stopped for a moment and remembered my Con Law (interesting class name huh?) courses.  The thought most prevalent is that a majority of people in those classes, although required, never actually read the Constitution. AMAZING!!!  I also heard many twists on the definition of words.  For example: Congress:  - some said that WE elected Congress therefore, Congress (as listed in the Amendment) meant WE, so it applied to individuals.  Con Law can be boring, a drudgery even.  What I find fascinating to this day is the application of the Constitution and how people who either have not read it or apply it in ways Houdini would be proud, always seem to be able to tell me "they" know their rights. Listening to or reading the news brings comic relief.  An atheist sues because he does not want his son to learn about religion in school and lists the First Amendment (I must have missed that part) as his justification.  A Christian family wants a more religious teaching in schools for their children, because this Country was founded on religious principles stating it says so in the Constitution (as President Clinton made famous - define NO  - the same word as the FOURTH word in the First Amendment).  The cases move on and people contort the Constitution to fit their needs.  Some site it as strict, while others say it is a "breathing" document.  I say (because CONGRESS has not restricted all of my speech) that the Constitution is a frame work and INTENTIONALLY vague.  You may disagree.  In fact,  everyone may disagree and that is what I love about the Constitution - everyone can have an opinion.  The Constitution is a great deal like the Bible and money.  People talk about all three, yet know very little about any of the three.  Of course the First Amendment is about more than just religion, it is about speech, press, assembly and the right to sue (yep right there in the Constitution - those blasted rights appear again).

I do not profess to have the answers - I do profess that there are NO correct answers and over time vague words are adjusted to fit the times.  When the courts do this - some people will be agitated.  However, history has shown that the Courts' decisions fluctuate and evolve.  One person's activist judge is another person's friend.  In the coming year, you may want to take some time and read the Constitution, its amendments and framing concepts. Further, you may wish to read the Court decisions based on our most basic rights.  Then again you most likely won't.....that process will  likely go the way of diets, exercise, money management, work ethic, kindness, meditation - greatly intended - yet never done.   After all, it is just so easy to listen to the news channel we like best so we can reaffirm what we already believe to be true.  A phrase I use a lot is a paraphrase of a Mark Twain quote :  "It ain't the things that you don't know that will kill you.  It is all of those things -  that you know for sure - that just AIN'T so  - that will"    While reading before speaking won't get you to heaven, it might save you a little hell on earth.  People  - got to love 'em - can't shoot 'em!  Which reminds me - of the 2nd Amendment............I wonder.....

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