Revoked? Exvoked? Certainly not Invoked Any More!
Don A. Bright
I was invited recently by a local television station to grant the station an interview on an ongoing property rights struggle in Washington County, Arkansas. In a pre-broadcast discussion with a young female reporter I was asked why I was against measures to “zone” some rural areas on the county. I responded, of course, that in the first place the action on the part of the county was unconstitutional. Her response to this statement was just plain frightening. “Well, how can say that…they do it all the time?” I sensed that the conversation was going to be extremely difficult. How do you debate constitutional issues with a person so untutored (or so wrongly tutored) in the subject, I wondered. Hoping to present a situation that might strike closer to her journalistic beliefs, I asked the following question:
What, I asked her, would she feel like if the County Government “zoned” certain parts of her abilities to exercise free speech and told her that she would have to request a variance before using certain words and and/or phrases. (Unfortunately, this newly minted issue from our local university’s journalism curriculum did not know what “variance” meant.)
She laughed at my question and stated something to the effect that “they” couldn’t do that. I reminded her that with our county government precedents all “they” would have to do is pass an ordinance to make it happen. Again, a frightening response: “Well, they wouldn’t get by with it.” Of course my next question was “why not?”. (I had her thinking, now…progress, I thought at last.) “Because that would violate my right to free speech”, she said with a look of triumph on her face.
But what would you do if they passed the restrictions anyway, I asked. And then the response I had been looking for came back. “I would invoke the First Amendment if they did that.”
I then asked what she meant by “invoke” and how would she go about it. At that point I got the blank stare that I had been expecting all along and, wearing it, she excused herself and left.
Here is what my Microsoft Bookshelf Dictionary defines under “invoke”:
1. “To call on (a higher power) for assistance, support, or inspiration.”
2. “To appeal to or cite in support or justification.”
Were we property rights advocates not doing just that? Were we not “invoking” our 5th Amendment rights? Well, it is not necessary for one to have the vetting powers of a Dick Tracy to determine the mindset of our friends on the extreme left when it comes to the Constitution. The only Amendment, in their thinking, that can be “invoked” is the 1st Amendment. Why? I guess the answer to that question is their insistence that the Constitution is a “living document”. When they say “living document” they mean that whatever it meant yesterday it does not mean today and what it means today is not what it will mean tomorrow…except, of course, the 1st Amendment…with the added exception of part of it, (… to petition the Government for a redress of grievances.)
Confused? I can boil it down for you in case you are. According to our big government advocates the Constitution is for their use (or abuse) only. Those who want to “invoke” it for its intended use – that of restricting the power of government – have no right to do so.
Even if we Constitutionalists manage to wind our way to the Courts we have no right to “invoke” any of it. See: A Dishonest Man..
According to our ruling class of leftists the Bill of Rights goes as follows: (As of today!)
First Amendment:
Congress shall make no law respecting an establishment of
(any) 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.
free State, the right of the
people to keep and bear Arms, shall not be infringed and can not be invoked
by the people.
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. (Revoked by Janet Reno)
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 (Revoked by Sierra Club)
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 (from the
Patriot Act) from 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 (and)
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.
Sixth Amendment: In all criminal
prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury (Judge) 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.
Seventh Amendment: In Suits at common
law, where the value in controversy shall exceed twenty dollars, the right of
trial by jury (Judge) shall be preserved, and no fact (may be) tried by a
jury shall be otherwise re-examined in any Court of the United States, than
according to the rules of the common law.
Eighth Amendment: Excessive bail
shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted. (Revoked by Bureau of Alcohol, Tobacco, and
Firearms via lapdog judges.) See
A Dishonest Man.
Ninth Amendment: The enumeration in
the Constitution, of certain rights, shall not be construed to deny
or and
disparage others retained by the people.
Tenth Amendment:
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. (Revoked by ACLU)
Perhaps we should start a different kind
of “invoking”. Ready, aim,…