Law, Politics, the Constitution and Us

Don’t worry, this isn’t a treatise.

I saw a headline this week that said New Hampshire has legalized same sex marriage. The number of rational states is growing (even considering the schizophrenia of California).

The days of a Supreme Court that issued decisions that fully delivered equal protection and due process under law are past. I don’t think that an “Obama Court” will return them. Neither will it fully deliver fundamental rights guaranteed by the Bill of Rights.

Now is a time for people to do what the Courts have failed to do. Even Dick Cheney says so.

Let’s look at those amendments.

The First is doing OK. We seem to have a big tent when it comes to free speech and religion, except for the occasional Muslim.

Two is OK too. Sure there’s an individual right to bear arms; but, you and your fellow citizens in your town and state can limit it pretty much as you see fit.

No one cares about Three these days (quartering troops in times of peace).

Four? This Amendment has met the Internet and is in a bit of trouble. The judiciary seems reluctant to rein in government intrusion into your private affairs. The Obama administration and Congress seem to be similarly disinclined. It’s up to you and me to protect ourselves and prod our representatives to help us do so.

Five and Six don’t’ seem to be current problems, other than money worries on Six.

The Seventh has been ignored with not much of a problem for a long time (you don’t have a right to a jury trial if your claim is under twenty-one bucks).

Eight is a current problem, depending on your point of view. The current Court and a foreseeable Obama Court won’t get rid of the death penalty. If you want it gone, it is up to your skills of political persuasion as Congress is disinclined to do anything.

Nine and Ten aren’t going anywhere anytime soon. No one knows what they mean: the penumbra of personal and states’ rights are what people make of them and thus are meaningless.

So? It’s up to us. What do we want?