By Bob Barney
Bob Barney demonstrates how important the 10 Amendments to the Constitution are…The Bill of Rights…in fact, they are so important to you that our leaders want them GONE! You need to know your rights – because you are losing them!
The Plain Truth is so Happy That You Have Been Enjoying Bob’s Broadcasts.
2000 years ago, a newscaster that we know of as Jesus Christ warned us about false Christianity. The warning was not against the devil but against false Christianity…about people who come in His name and deceive many.
Click Here to Listen to Bob’s Part 1 of the Bill of Rights broadcast for 7:11 AM Monday morning!
Good morning, it is Bob Bob Barney, it is also 7:11 AM Monday morning.
Several weeks ago, I mentioned the fact that after I did a show on what’s wrong with the Ten Commandments, I said I was going to do a show on what is wrong with the Bill of Rights. You know, there are ten amendments to the Constitution called the Bill of Rights that the Founding Fathers required before they would sign the Constitution. Many people do not know the Bill of Rights or understand the purpose of them.
Here is a short class on the Bill of Rights because it is probably more important than ever that we understand two documents that are so very important to us. One is the Ten Commandments of course that we went over, and the ten Bill of Rights. There are ten laws of the land that actually protect the individual from state, local and federal government.
The bill of rights spells out the rights of the Americans in relation to their government. It guarantees rights to the individual, not the mob, not the majority. rights like freedom of speech, and freedom of religion.
Let’s go through each one and figure out where we are at with keeping these rights active or if we are at risk of losing them for forever.
The Bill of Rights
First Amendment
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.
Congress is not allowed to make a law establishing a state religion. We are not a Christian nation, we are not a Jewish nation, we are not a Muslim nation or an atheist nation, we are a nation of what the Founding Fathers called a nation under a Creator God without bringing in any particular religion. If you are a very strong Christian, as I am, you may have a problem with the idea that our Founding Fathers, even though 99 percent were Christians, wanted to make sure that this country was not founded on the basis of one view of Christianity, or any religion would prevail. So, they showed that Congress could make no law making an established state religion that did not prohibit individuals from believing or starting any religion of their own however they wanted it to be so…they had the right to do so. That is the part of the prohibition of free exercise thereof. Nor does it forbid congress for starting with a prayer which they have since the foundation of this government to this day. They start with a prayer. There can be religion in government. There is no separation of church and state as people try to make it so in the Constitution. That is found in the Federalist Papers where it was written there that the Founding Fathers meant to have a separation between church and state and that has been taken ad nauseum to prevent the government to allow anyone in a government building to pray or invoke God’s name and that is not what this Amendment says. Congress can make no law respective via establishment of religion or prohibiting free speech of religion. Therefore, anyone in a public place including a teacher, who wants to say he believes in Jesus Christ as God and he wants to himself, pray, outload has the right to do so. At the same time, he does not have the right according to the Constitution to force anyone else to believe in his beliefs of a God or a prayer.
The second part of the first Amendment is what most people are aware of, that Congress will make no law abridging the freedom of speech or of the press. This was very important because the Founding Fathers wanted to make sure that every individual could say what was on their mind and not be in fear of a government law to outlaw what they said and make it illegal to have free speech. Or for that matter, a press that could be put in jail for example, for writing something the government did not like, as Abraham Lincoln did to many editors of newspapers in the North. I have pointed this out in the past of the law breaking of Lincoln in the war, the very things you are not taught in high school and college. You are not taught the idea that Lincoln fought dozens of editors and political figures putting them in prison for not agreeing with him. That was breaking the first amendment and an impeachable offense.
So, we have the right to have free speech.
When you see for example, a judge tells Donald Trump and his family that they cannot speak about the trial they are going through, unless there is a jury and that is not really spelled out in the constitution, unless there is a jury and only a judge trial, there is no such thing as the loss of freedom of speech. A judge should not have their opinion changed by what a defendant says publicly…unless of course that judge has something to hide…which in this case with DJT, that is the case.
There also is a right of the people to peacefully assemble and to petition the government for a redress of grievances. Unfortunately, the dems and the people on the left call January 6th an insurrection. An insurrection of people who peacefully assembled. I think you could make the statement like CNN would about Black Lives Matter, that January 6th was mostly a peaceful meeting of people at the Capital redressing their grievances. A lot more peaceful than the riots that popped up all over the country that the Biden Admin, the liberals, the democrats, defended as free speech. No one in my opinion on January 6 was an insurrectionist. No one carried a gun…no one except the policeman that shot an innocent veteran female from 80 feet away when no one’s life, including his, was in danger. He should have been arrested on the spot and should be put on trial for murder. Like anyone else would be if they weren’t black in a normal city in America.
Second Amendment
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.
Of course, everyone is familiar with it.
Now some people try to say because it is one sentence separated by commas that the second amendment only applies to militias, absolutely NOT TRUE. There are two different thoughts here in one sentence. You can easily explain the two different thoughts. The day begins at sunrise, and Jesus had already risen at sunrise. There are two thoughts there in one sentence, separated from a comma. One is that the sunrise begins at the morning and that Jesus was already risen from the dead, before Sunday morning, at sunrise.
So, the idea that a well-regulated militia and a right of the people to keep and bear arms, are two separate points in one sentence. Look at how that amendment ends. “Shall not be infringed”. A well-regulated militia being necessary for the security of a free state and a right of the people to keep and bear arms shall not be infringed. Yet, what do we see going on today? With all of the applications one must fill out and pass background checks…I know it sounds like a good thing to some people out there, but it is breaking the second amendment. Infringed means what it means, to put barriers up. The right of the people to keep and bear arms shall have no barriers. You have a right to have any arm as long as you are a law-abiding citizen. Yet, that amendment has basically been trashed and in many cases, even supported many times by the SCOTUS.
Third Amendment
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.
Today, this doesn’t seem to apply to us, but the future may make this amendment very important to us.
Why was this put in the Bill of Rights? Well, during the Revolutionary War, the British when they came to America to subdue the colonialists for their insurrection, and they did bear arms, it was a true insurrection, the British would confiscate people’s homes. Sometimes throw the people out of their own homes for the Generals if it was a nice home, to turn it into his home, or in many cases force soldiers to live amongst families and to give that soldier a room in that house, even without pay or any consent.
That was done constantly during this war!
Our Forefathers had a real problem with that idea.
That is why that third amendment is in the Constitution. For the most part, that has not needed to be enforced for many years. Maybe not at all, maybe though during the taming of the west and Indian times, maybe homes were confiscated having to do so in a prescribed manner by law, but I am really not familiar with the third amendment needing to be defended. There may be a case coming in the future that will need to be defended. When we see the loss of any amendment to the Constitution, they all ride on each other. When one gets taken away, then the others fall like dominoes.
Fourth Amendment
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.
I think people on a side note here, I think everybody should keep the Bill of Rights close by. They should read them from time to time and know what each of them are. Really focus on them, just like the Ten Commandments. You should know the order of the Commandments of God. What is the 5th Commandment/ Honor thy father and mother so you will have a long life, what is the 4th commandment? The Sabbath day shall be made holy! What is the fourth amendment? The right of the people to be secure in their persons. Their homes, their papers, their effects, against unreasonable searches and seizures and no warrant shall be issued but upon probable cause, supported by an oath or affirmation or particularly describing the place to be searched and the persons or things to be seized.
This fourth amendment is probably abused by the police and the government more than any other amendment to the Constitution. You have the right not to be searched without a court order. When you are stopped on the road and he wants to search your car, he does not have the right if you don’t want him to without a court order. They come to your place of business, which has happened to me, and they have a fire marshal who wants to inspect you. Most of the time I do not have a problem with it, but when they come in my case, armed with rifles and guns and a swat team and call themselves fire marshals, to raid your place. They need a search warrant. and that warrant cannot just be oh, let’s go to a judge and say I want a search warrant against x, y and z business, just to see what they are doing and if they are breaking any laws. NO, the search warrants says in the fourth amendment, they must swear or affirm placing their hand on a bible basically, that I am looking for this particular violation. Let’s say for example, it is drugs. They will say I am looking for marijuana to be found in this home and in this room and I have info that it is there from an impeachable source, and I swear to God that it will be found if you issue this warrant. And then if they get this warrant and find an illegal pistol, according to the 4th amendment they cannot be charged with possession of an illegal pistol because they were searching for a specific drug or however the wording was…you will never see a warrant saying that you can search for anything in there that is illegal. That is something no judge has any right to sign warrant wise. Yet, we see people with their phones confiscated, videos deleted if they have video or cops breaking the law or killing someone or how the public reacts…they erase these things. That is ILLEGAL. Against the 4th amendment of the constitution and we the people should not tolerate that happening to us.
Fifth Amendment
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.
The fifth commandment is thou shalt honor thy father and mother. Well, the 5th amendment is nearly its equal in importance.
Most importantly is that you have the right to remain silent.
Here is an example. You go to a jury and the prosecutor arrests you for murder…and you go to a jury and the jury says you didn’t murder the person and it was an act of self-defense and lets you go free. The prosecutor doesn’t like his decision and he has you retried, and you are found guilty a second time. Then you are sent to die. This is double jeopardy.
In another show I explained how the states held and the Supreme court held for 150 years that this particular amendment didn’t apply to the state government in Connecticut. Thankfully the Supreme Court got it right in the 1960s and did apply the 5th amendment and the Bill of Rights to state and local governments where you cannot be tried twice for the same crime multiple times to get the verdict that they want. They will keep retrying them.
We saw this many years ago in the Rodney King case. Remember in Los Angeles Riots after the OJ trial, people were taken out of their cars and that one man was beaten…some cops were arrested that day for brutality and tried and acquitted…then the federal government retried them as a civil rights matter in a fed court and got a conviction. It was held I think by even the Supreme Court that that was legal because it was two separate entities that were trying the person, one for state and one for federal. In my opinion that was double jeopardy and a sham. All to satisfy the minority group in this country.
The second part of the fifth amendment is:
Nor shall be compelled in any criminal case to be a witness against themselves. 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. This is a powerful amendment. There is a lot inside of this one. You are not forced in America to testify against yourself. That is why many times you see a trial where the defendant in a criminal case never takes the stand. Their lawyer has determined their case could be lost in the cross examination of a very aggressive prosecutor and if the person is not guilty, they may Look guilty by the way the cross examination goes. The attorney and you have the right as a defendant to say I am not going to take the witness stand and I am not going to testify. That is your right. You also have the right to not be deprived of life, liberty or property without due process of law.
The last part of the fifth amendment is abused by government more than in any other time because it was meant to be used if you wanted to build a road through someone’s farm for the public good…for example, and the farmer not wanting to sell, you can use eminent domain and take that land but because of the fifth amendment you have to give compensation to what the value of that land is. You cannot just take it from the farmer and not pay him for it. You have to pay him, and they have to get a type of an appraisal of what that property is worth if they were to sell it and pay the owner that money. Nowhere in this law does it imply that the government has the right to take away John Smith’s property and give it to Joe Waters over here. It has to be for the public use…today we have seen states, and we really mainly see local governments, decide that they want to put a casino at a particular site and the person who owns that property is not going to sell…they are against it for many reasons and are unwilling to part with the land. Lately as in the last 20 years, the local governments are condemning the property, using eminent domain, take away that property, decide what it’s worth is and give the money to the person who does not want to sell it, and it is for the good of the private enterprise casino who bribed the local politicians who see dollar signs of the tax dollar that they will bring in, it actually breaks the fifth amendment.
Sixth Amendment
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.
Another criminal amendment…
The 6th amendment makes sure that someone has to be afforded an attorney if you cannot afford one. You are told you have the right to remain silent, and the right to an attorney. If you don’t have the money, then you have one given you. You have to be defended in a criminal prosecution even if you cannot afford one. This was to keep poor people from being accused of crimes they did not commit just to get them put in jail…that they would have rights and a right also to a speedy trial. This is something that is often overlooked by the government.
When even a defendant wants a speedy trial, and in once case it was one of the trump cases, he wanted a speedy trial and was denied so by the judge. Absolutely breaking the 6th amendments. Why more of these Trump prosecution cases do not end up at the Supreme Court at the behest of the Trump attorneys I will never understand. His attorneys seem to me to be very good at what they are doing…so much of what is coming against them is the Bill of Rights being broken.
Seventh Amendment
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, then according to the rules of the common law.
This states that in a civil matter, you have the right to make sure if it is more than 20 dollars, that you have a jury that decides and not a corrupt judge. Many judges ARE corrupt and easily swayed, but 12 jurors may not be corrupt. So, someone suing you for money and they take you to court, and you say hey I want a jury trial, they have to give you one. You do not have the right to have a free attorney, you can defend yourself in civil court and if you do not have the money, you have to defend yourself because you are not entitled to a lawyer, but most people will hire a lawyer and with a trial by jury you have a much better chance of winning your case if you truly have a good case.
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
This is the one that we saw broken, seriously so in the last month.
Excessive bail shall not be required. That is like saying I want you to put up a billion dollars bail for a speeding ticket. Nor excessive fines imposed for cruel and unusual punishment inflicted. I am going to have to end on this subject here and begin a part two tomorrow, for the last few amendments because the 8th amendment is a very broad one that is being broken in this instant, present day, and this cruel and unusual punishment and what it has done in the past and why you may not know why Charles Manson was not executed when he was given the death penalty of the murder of Sharon Tate and her friends. Because of the 8th amendment, he escaped the death penalty, but we will go into depth of that tomorrow…
You will see that not only is excessive bail not allowed but also excessive fines are not allowed because of the 8th amendment.
For today, we will end with the first 7 and this is Bob Barney saying thank you for listening to this day’s broadcast and we will see you tomorrow morning, Tuesday for the rest of “What is Wrong with The Bill of Rights!”.