Copyright Ó Mike Arion 2005 All rights reserved. Email: mikearion@yahoo.com

Amendment I - No state religion or religious denomination may be imposed and no person or group may be prohibited from peacefully practicing their religion. All people may freely express their opinions and views and publish or reproduce their opinions in written, audio, video and by any other recording method or media. All people may peaceably assemble and organize to request that grievances are corrected and to pressure the government to effect change in policies to remedy such grievances.

Amendment II - Citizens have the right to own and use weapons for self-defense, militia training, the defense of freedom and their state. Therefore, no law shall be written or tax imposed that infringes a citizen’s right to obtain, own or carry arms. Especially protected are arms commonly carried in-hand by Federal soldiers. Only large weapon systems not carried in-hand such as ships of war may be regulated and controlled solely by the Federal Government. No state may keep a paid professional military because all war powers reside with the Federal Government. States must rely on the Federal military and private citizens bearing arms within the state for their defense. After all, we don't want the states to ever go to war with each other. (see note regarding the Militia and National Guard at bottom of page)

Amendment III - The government may not demand that any person or persons house government troops or representatives at any time during peace or war. Exceptions during emergencies must be limited in scope and duration by law.

Amendment IV - No person may be arrested or detained at random and without good cause, and no warrant may be issued without specific knowledge that a crime has been committed or lives are in immediate danger. Private property, homes, personal and business information may not be seized or examined for the purpose of levying taxes or to confirm compliance with the law without specific knowledge that a law has been broken. Any government agent requesting a warrant must swear an oath under penalty of perjury, and all warrants must precisely describe the person and specific items to be seized. A warrant that is vague on any point is invalid.

Amendment V - No one may be brought to trial for a capital or serious crime unless first indicted by a grand jury of fellow citizens. No person may be deprived of life, liberty or property without a vigorous legal defense. No person may be put on trial twice for the same crime once found not-guilty in a previous trial. No person may be pressured to be a witness or produce evidence against themselves. Only those serving in a military capacity during time of war or public danger may be brought to trail as prescribed by military law. Private property may not be taken for public use, without just compensation equal or greater to the fair market value considering all associated loses and costs. Private property may not be taken by the government in order to transfer or sell said property to another private person or entity.

Amendment VI - Any person arrested and accused of a crime will enjoy a public jury trial without unreasonable delays. No trail may be held in secret and all proceedings must be during daylight and open to the public. Only unbiased citizens with no connections to the judge, defendant or victim(s) of the crime may serve on the jury. All power shall reside with the jury including full power to determine if a law is fair under the given circumstances or even if the law is reasonable in the first place. In cases of criminal law no entity or person outranks or exceeds the powers held by the jury. Trials will be held in the state and community nearest to the crime unless it can be reasonably demonstrated by legal council that a fair and honest trail cannot be held in said community due to passion or local bias. Those accused of a crime must be informed of all charges and evidence being brought against them and hear directly from witnesses against them during the trial. Subpoenas may be issued to require witnesses in favor of the accused testify at the trial. The accused has the right to be represented by competent and skilled legal council at public expense.

Amendment VII - Civil trials also will be heard by a jury if the value of the controversy exceeds the equivalent of one month labor of any party involved. Once a decision has been determined by the jury the decision may not be overturned unless rights of either party were violated.

Amendment VIII - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Specifically, the punishment must always fit the crime committed and torture may never be used to carry out any punishment even when the death penalty is imposed.

Amendment IX - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. In other words, there are more rights that belong to the people not mentioned in this Constitution and those rights are also equally protected.

Amendment X - 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. In other words, Federal powers are limited to those specifically detailed in this Constitution and all other powers belong to the states and individual citizens.

Amendment I - 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.

Amendment II - 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.

Amendment III - 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.

Amendment IV - 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.

Amendment V - 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 offence 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.

Amendment VI - 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 defence.

Amendment VII - 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.

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

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

Amendment X - 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.

Note regarding the second amendment militia. - Even today all men between the ages of 18 and 45 years old may be required to serve in their state’s militia during emergency. There are no prohibitions against women and older men serving voluntarily in the militia during emergencies but they cannot be required to do so. Historically, militia training was often a voluntary civic duty but can and has been required at times. Most militia officers were locally elected officials trusted and known in their community. However, the wisdom of having all the men from one community in a single militia unit later came into question after the Civil War. The skill level of each militia unit varied widely from very good to extremely poor. This lack of consistency lead to the creation of a professional National Guard to replace the militia. Although not a true militia the National Guard is afforded militia status under certain circumstances. However, being a paid regular military reserve excludes the National Guard from the literal definition of a militia known to the Framers. Essentially, you cannot exchange “National Guard,” an entity unknown to the Framers, with “Militia” in the Second Amendment. To do so would create an understanding drastically different from the original Bill of Rights. Under the law that created the National Guard the title of “Militia” was stripped from the organization and must be called “The National Guard” by law. A good way to distinguish the difference is to understand a militia is a local, non-paid civilian entity loyal to their state. The early United States had little money and the militia is a poor nation's militiary reserve bearing privately owned arms. A National Guard is exactly inverted as the title infers, a "national" paid military reserve which is divided into state units and arms, uniforms, equipment and training facilities are provided by the Federal Government. Without question the Framers would have considered the National Guard to be reserve "troops" and part of the regular armed forces under Federal powers. The concept of a National Guard is a modern creation intended to fuse the idea of a militia and a professional military into the same entity. However, maintaining a professional and paid National Guard is a rich nation’s luxury. It’s important to understand that the idea of a militia is still as valid today as it was when the second amendment was written and will likely me implemented again in the future of the Republic.