Rights and Freedoms

Eric Gaspard
February 26, 2012
POS-301
Grand Canyon University
Professor Amanda Froes

RIGHTS AND FREEDOMS
Eric Gaspard The Bill of Rights is composed of the first ten amendments to the Constitution of the United States. Amendments can become a part of the Constitution by one of two ways. These are spelled out in Article V of the Constitution. To propose an Amendment both the U.S. Senate and the House of Representatives must approve the proposal by a two-thirds supermajority vote. An Amendment can be ratified by a three-fourth states legislature approval or through ratifying conventions in which three-fourths of the states approve it.
These first ten amendments simultaneously became part of the Constitution in 1789 when they were ratified by the existing states of the Union. As a result every American is endowed with these rights that the Federal government is obligated to protect.
• The First Amendment provides for the rights of freedom of speech, press, peaceful assembly, and freedom of religion as well as the right to petition.
• The Second Amendment guarantees citizens the right to bear arms; which means that citizens have the right o weapons and guns in their homes with certain provisions.
• The Third Amendment prohibits the government from forcibly housing militia or soldiers in a person’s house without their permission.
• The Fourth Amendment protects citizens form search and seizure of property without a warrant.
• The Fifth Amendment prevents any person from double jeopardy (being tried twice for the same offense), as well protecting any person from self-incrimination.
• The Sixth and Seventh Amendments guarantees that any person charged with a crime will receive the right to a trial by a jury of peers and to have legal representation.
• The Eighth Amendment protects against unreasonable or excessive fines as well as protection against cruel and unusual punishment.
• The Ninth Amendment reads that have rights other than Rights mentioned in the Bill of Rights that are also protected under the Constitution.
• The Tenth Amendment states that any power that is not given to the Federal government by the Constitution is the power of the state or the people (Patterson, T., 2011pgs. 87-115).
As I ponder the value of all of the Amendments is cannot help but think of the First Amendment; in particular the freedom of religion and how it has shaped my views on religion and tolerance or should I say acceptance of different religious views. When my parents married they took their vows of matrimony as Catholics. My parents had every intention of providing a spiritual life for us within the Catholic faith and all of its traditions.
My mother had become disillusioned with Catholicism and what it had to offer spiritually. As she began to search for spiritual fulfillment she was introduced to the word and religious teachings of Jehovah Witnesses. After several months of studying my mother was baptized as a Witness. My father being wrapped in tradition was threatened by the decision that my mother had made and was determined to do everything within his power to deter my mother from remaining a Witness. Reading the Bill of Rights sheds new light on the situation that my mother was placed under. Although she was married to my father, my mother had every right to seek happiness as a Witness and practice her faith without fear of physical harm. These rights are protected under the Constitution of the United States and my father was therefore violating these rights.
Included in these rights are the freedom, to speech and every time my father tried to stop my mother from going to Ministry ( the term used for knocking on the doors of individuals and sharing the word of God) or going to Assembly (a gathering of congregation members to share the teachings of Jehovah).
Notably there are several instances when these same violations of the first Amendment rights came under fire for Witnesses throughout their history in the United States. The legal clashes with Jehovah’s Witnesses had with government authorities over their proselytizing and practices led to twenty three separate Supreme Court rulings from 1938-46 (Mauro, 2000).
The West Virginia State Board of Education v. Barnette (1943) was one such case. The case was a tremendous victory for Jehovah’s Witnesses, under the protection of the Freedom Speech Clause of the First Amendment of the United States Constitution. The Witnesses were fighting for the right not to salute the flag recite the Pledge of Allegiance in school. In their religion this is equivalent to bearing witness to false witness of allegiance to symbols. Their sole allegiance is to Jehovah and to Pledge Allegiance to the flag or any other political or government symbol would be a sin (Mauro, 2000).
Several years later, after all of the children of our household had gone to forge lives and roots of our own my parents came to an understanding. My father eventually respected my mother’s wishes and stopped interfering with right to exercise and practice religion as a Jehovah’s Witness. In 2008 my father passes away due to complication arising from the care that he received for reconstructive back surgery. We miss him every day.
On Wednesday February 29th my mother is going to have surgery to replace a diseased hip from arthritis. Several weeks ago I received a letter from my mother in the mail. In the letter was a NO BLOOD form that I have to have with me in case there are complications. I find that I am revisiting a reoccurring them in defense of mothers first Amendment rights; this time it is in regards to her right to privacy and quality of professional healthcare. When it comes to blood, Witnesses are requesting that their religious beliefs be upheld and honored. Surgeons are asked to manage any surgical or medical problem in harmony with the patient’s choice their moral and religious decision to abstain from blood (Dixon, 1988).
While it my sincere wish that my mother come the surgery without any complications I understand and value her decision to live life and if necessary die for her moral and religious convictions. I love my mother and all that she has taught me. In my hands will rest the power to ensure that her rights and wishes are honored and protected and I will ensure that her rights are protected and her religious freedoms are guaranteed. References
Dixon, J.L., M.D. 1988
Blood: Whose Choice and Whose Conscience
New York State Journal of Medicine, 1988, 88: 463-464
Mauro, T. 2000
Thank Jehovah Witnesses for Speech Freedoms,
USA Today, May 30, 2000
URL: http://cgi.usatoday.com/usatonline/20000530/2310079s.htm
Retrieved February 26, 2012 from http://www.adherents.com/largecom/jw_freedom.html Patterson, T. E. (2009).
The American democracy (9th ed.).
New York: McGraw Hill. ISBN-13: 9780077237912

References: Dixon, J.L., M.D. 1988 Blood: Whose Choice and Whose Conscience New York State Journal of Medicine, 1988, 88: 463-464 Mauro, T Thank Jehovah Witnesses for Speech Freedoms, USA Today, May 30, 2000 URL: http://cgi.usatoday.com/usatonline/20000530/2310079s.htm Retrieved February 26, 2012 from