Conclusion

Over the past 60 plus years I have studied the history of the United States from time the Vikings "Leif Erikson or Leif Ericson" c. 970 – c. 1020.arrived in Newfoundland The first European colonists arrived on our shores in 1607 and up to present day history.

The first successful English colony, Jamestown, was established in 1607 on the James River in Virginia. Jamestown languished for decades until a new wave of settlers arrived in the late 17th century and established commercial agriculture based on tobacco. Between the late 1610s and the Revolution, the British shipped an estimated 50,000 convicts to their American colonies. A severe instance of conflict was the 1622 Powhatan uprising in Virginia in which Native Americans killed hundreds of English settlers. The largest conflicts between Native Americans and English settlers in the 17th century were King Philip's War in New England and the Yamasee War in South Carolina.

New England was initially settled primarily by Puritans. The Pilgrims established a settlement in 1620 at Plymouth Colony, which was followed by the establishment of the Massachusetts Bay Colony in 1630. The Middle Colonies, consisting of the present-day states of New York, New Jersey, Pennsylvania, and Delaware, were characterized by a large degree of diversity. The first attempted English settlement south of Virginia was the Province of Carolina, with Georgia Colony – the last of the Thirteen Colonies – established in 1733.

The colonies were characterized by religious diversity, with many Congregationalists in New England, German and Dutch Reformed in the Middle Colonies, Catholics in Maryland, and Scots-Irish Presbyterians on the frontier. Sephardic Jews were among early settlers in cities of New England and the South. Many immigrants arrived as religious refugees: French Huguenots settled in New York, Virginia and the Carolinas. Many royal officials and merchants were Anglicans.

Each of the 13 American colonies had a slightly different governmental structure. Typically, a colony was ruled by a governor appointed from London who controlled the executive administration and relied upon a locally elected legislature to vote taxes and make laws. By the 18th century, the American colonies were growing very rapidly as a result of low death rates along with ample supplies of land and food. The colonies were richer than most parts of Britain, and attracted a steady flow of immigrants, especially teenagers who arrived as indentured servants. The tobacco and rice plantations imported African slaves for labor from the British colonies in the West Indies, and by the 1770s African slaves comprised a fifth of the American population. The question of independence from Britain did not arise as long as the colonies needed British military support against the French and Spanish powers; those threats were gone by 1765. London regarded the American colonies as existing for the benefit of the mother country. This policy is known as mercantilism.

Following Britain's acquisition of French territory in North America, King George III issued the Royal Proclamation of 1763 with the goal of organizing the new North American empire and protecting the native Indians from colonial expansion into western lands beyond the Appalachian Mountains. In ensuing years, strains developed in the relations between the colonists and the Crown. The British Parliament passed the Stamp Act of 1765, imposing a tax on the colonies without going through the colonial legislatures. The issue was drawn: did Parliament have this right to tax Americans who were not represented in it? Crying "No taxation without representation", the colonists refused to pay the taxes as tensions escalated in the late 1760s and early 1770s.

The Boston Tea Party in 1773 was a direct action by activists in the town of Boston to protest against the new tax on tea. Parliament quickly responded the next year with the Coercive Acts, stripping Massachusetts of its historic right of self-government and putting it under army rule, which sparked outrage and resistance in all thirteen colonies. Patriot leaders from all 13 colonies convened the First Continental Congress to coordinate their resistance to the Coercive Acts. The Congress called for a boycott of British trade, published a list of rights and grievances, and petitioned the king for redress of those grievances. The appeal to the Crown had no effect, and so the Second Continental Congress was convened in 1775 to organize the defense of the colonies against the British Army.

Ordinary folk became insurgents against the British even though they were unfamiliar with the ideological rationales being offered. They held very strongly a sense of "rights" that they felt the British were deliberately violating – rights that stressed local autonomy, fair dealing, and government by consent. They were highly sensitive to the issue of tyranny, which they saw manifested in the arrival in Boston of the British Army to punish the Bostonians. This heightened their sense of violated rights, leading to rage and demands for revenge. They had faith that God was on their side.

The American Revolutionary War began at Concord and Lexington in April 1775 when the British tried to seize ammunition supplies and arrest the Patriot leaders.

In terms of political values, the Americans were largely united on a concept called Republicanism that rejected aristocracy and emphasized civic duty and a fear of corruption. For the Founding Fathers, according to one team of historians, "republicanism represented more than a particular form of government. It was a way of life, a core ideology, an uncompromising commitment to liberty, and a total rejection of aristocracy."

The Thirteen Colonies began a rebellion against British rule in 1775 and proclaimed their independence in 1776 as the United States of America. In the American Revolutionary War "1775–1783" the American captured the British invasion army at Saratoga in 1777, secured the Northeast and encouraged the French to make a military alliance with the United States. France brought in Spain and the Netherlands, thus balancing the military and naval forces on each side as Britain had no allies.

The Loyalists, whom the British counted upon too heavily, comprised about 20% of the population but never were well organized. As the war ended, Washington watched proudly as the final British army quietly sailed out of New York City in November 1783, taking the Loyalist leadership with them. Washington astonished the world when, instead of seizing power for himself, he retired quietly to his farm in Virginia. "The United States was the first major colony successfully to revolt against colonial rule. In this sense, it was the first 'new nation'."

On July 4, 1776, the Second Continental Congress, meeting in Philadelphia, declared the independence of "the United States of America" in the Declaration of Independence. July 4 is celebrated as the nation's birthday. The new nation was founded on Enlightenment ideals of liberalism in what Thomas Jefferson called the unalienable rights to "life, liberty and the pursuit of happiness", and dedicated strongly to republican principles. Republicanism emphasized the people are sovereign (not hereditary kings), demanded civic duty, feared corruption, and rejected any aristocracy.

In the 1780s the national government was able to settle the issue of the western territories, which were ceded by the states to Congress and became territories; with the migration of settlers to the Northwest, soon they became states. Nationalists worried that the new nation was too fragile to withstand an international war, or even internal revolts such as the Shays' Rebellion of 1786 in Massachusetts. Nationalists – most of them war veterans – organized in every state and convinced Congress to call the Philadelphia Convention in 1787. The delegates from every state wrote a new Constitution that created a much more powerful and efficient central government, one with a strong president, and powers of taxation. The new government reflected the prevailing republican ideals of guarantees of individual liberty and of constraining the power of government through a system of separation of powers.

The United States Constitution was written in 1787 during the Philadelphia Convention. The old Congress set the rules the new government followed in terms of writing and ratifying the new constitution. After ratification in eleven states, in 1789 its elected officers of government assembled in New York City, replacing the Articles of Confederation government. The original Constitution has been amended twenty-seven times. The meaning of the Constitution is interpreted and extended by judicial review in the federal courts. The original parchment copies are on display at the National Archives Building.

Two alternative plans were developed in Convention. The nationalist majority, soon to be called "Federalists," put forth the Virginia Plan, a consolidated government based on proportional representation among the states by population. The "old patriots," later called "Anti-Federalists," advocated the New Jersey Plan, a purely federal proposal, based on providing each state with equal representation. The Connecticut Compromise allowed for both plans to work together. Other controversies developed regarding slavery and a Bill of Rights in the original document.

The drafted Constitution was submitted to the Confederation Congress. It in turn forwarded the Constitution as drafted to the states for ratification by the Constitutional method proposed. The Federalist Papers provided background and justification for the Constitution. Some states agreed to ratify the Constitution only if the amendments that were to become the Bill of Rights would be taken up immediately by the new government, and they were duly proposed in the first session of the First Congress.

Once the Articles Congress certified that eleven states had ratified the Constitution, elections were held, the new government began on March 4, 1789, and the Articles Congress dissolved itself. Later Amendments address individual liberties and freedoms, federal relationships, election procedures, terms of office, expanding the electorate, ending slavery, financing government, consumption of alcohol and Congressional pay. Criticism over the life of the Constitution has centered on expanding democracy and states rights.

Article VII of the proposed constitution stipulated that only nine of the thirteen states would have to ratify for the new government to go into effect for the participating states. By the end of July 1788, eleven states had ratified the Constitution, and soon thereafter, the process of organizing the new government began. On September 13, 1788, the Articles Congress certified that the new Constitution had been ratified by more than enough states for it to go into effect. Congress fixed the city of New York as the temporary seat of the new government and set the dates for the election of representatives and presidential electors. It also set the date for operations to begin under the new government. This occurred on March 4, 1789, when the First Congress convened.

The membership of the new Congress was decidedly federalist. In the eleven-state "minus North Carolina and Rhode Island" Senate 20 were Federalist and two Anti-federalist "both from Virginia". The House included 48 Federalists and 11 Anti-federalists "from four states: Massachusetts, New York, South Carolina, and Virginia". On April 6 the House and Senate held a joint meeting to count the electoral vote. George Washington was unanimously elected the first president, even receiving the electoral vote of ardent anti-federalist Patrick Henry. John Adams of Massachusetts was elected vice president. Both were sworn into office on April 30, 1789. The business of setting up the new government was completed.

Anti-Federalists' fears of personal oppression by Congress were allayed by amendments passed under the floor leadership of James Madison during the first session of Congress. These first ten Amendments became known as the Bill of Rights. Objections to a potentially remote federal judiciary were reconciled with 13 federal courts "11 states, plus Maine and Kentucky", and three Federal riding circuits out of the Supreme Court: Eastern, Middle and South. Suspicion of a powerful federal executive was answered by Washington's cabinet appointments of once-Anti-Federalists Edmund Jennings Randolph as Attorney General and Thomas Jefferson as Secretary of State. What Constitutional historian Pauline Maier termed a national "dialogue between power and liberty" had begun anew.

Amendments to the Constitution, since the beginning of federal operations under the Constitution in 1789 through the beginning of 2013, approximately 11,539 proposals to amend the Constitution have been introduced in the United States Congress. Of these, thirty-three have been approved by Congress and sent to the states for ratification. Twenty-seven of these amendments have been ratified and are now part of the Constitution. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights. Prior to the Twenty-seventh Amendment, which languished for 202 years, 7 months, 12 days before being ratified (submitted for ratification in 1789 as part of the Bill of Rights, but not ratified until 1992), the Twenty-second Amendment held the record for longest time taken to successfully complete the ratification process – 3 years, 11 months, 6 days. The Twenty-sixth Amendment holds the record for shortest time taken – 3 months, 8 days. Six amendments adopted by Congress and sent to the states have not been ratified by the required number of states and are not part of the Constitution. Four of these are still technically open and pending, one is closed and has failed by its own terms, and one is closed and has failed by the terms of the resolution proposing it.

To assuage the Anti-Federalists who feared a too-powerful national government, the nation adopted the United States Bill of Rights in 1791. Comprising the first ten amendments of the Constitution, it guaranteed individual liberties such as freedom of speech and religious practice, jury trials, and stated that citizens and states had reserved rights "which were not specified".

Much of opposition to the proposed Constitution within several states arose, not because the machinery of the new frame of government was considered unworkable or because strengthening the union between the 13 states viewed as undesirable. The debates in the state ratifying conventions centered around the absence of anything equivalent to the bill of rights found in several state constitutions. George Mason, a delegate to the 1787 Constitutional Convention, and the author of the Virginia Declaration of Rights, refused to sign the document because he felt it did not specifically spell out or protect individual rights sufficiently. He also opposed the constitution when it was brought before the state for ratification. He acquiesced and the convention voted narrowly to give its assent only after it was decided that a list of twenty proposed amendments be sent along with the state's resolution of ratification. Delegates to Massachusetts' convention had many of the same concerns, and along with its notification of approval made a request for nine alterations, the first among them being "that it be explicitly declared that all powers not specifically delegated to Congress by the Constitution are reserved to the states to be exercised by them." New York, not to be outdone, appended a list of thirty-two requested amendments plus a lengthy statement of impressions and explanations about the new Constitution to their affirmative vote.

The sharp Anti-Federalist critique of the Constitution did not abate after it became operational, and by the time the First Congress convened in March 1789, there existed widespread sentiment in both the House and Senate in favor of making alterations. That September, Congress adopted twelve amendments and sent to the states for ratification. Ten of these were ratified by the required number of states in December 1791 and became part of the Constitution. These amendments enumerate freedoms not explicitly indicated in the main body of the Constitution, such as freedom of religion, freedom of speech, a free press, and free assembly; the right to keep and bear arms; freedom from unreasonable search and seizure, security in personal effects, and freedom from warrants issued without probable cause; indictment by a grand jury for a capital or "infamous crime"; guarantee of a speedy, public trial with an impartial jury; and prohibition of double jeopardy. In addition, the Bill of Rights reserves for the people any rights not specifically mentioned in the Constitution and reserves all powers not specifically granted to the federal government to the people or the States.

Amendments to the Constitution subsequent to the Bill of Rights cover a wide range of subjects. Several have added significant content to the original document. One of the most far-reaching is the Fourteenth, ratified in 1868, which establishes a clear and simple definition of citizenship and guarantees equal treatment under the law. Also significant are the Fifteenth, Nineteenth, Twenty-fourth, and Twenty-sixth, which were enacted to extend the right to vote to persons previously considered ineligible and also to protect their exercise of that right. One Amendment, the Eighteenth, which criminalized the production, transport and sale of alcohol nationwide, was later repealed by another, the Twenty-first. Nine ratified amendments "11, 12, 13, 14, 16, 17, 20, 22, and 25" have explicitly superseded or modified the text of the original Constitution.

In 1787 leaders of the states gathered to write the Constitution-a set of principles that told how the new nation would be governed established three branches of government which are the Executive Branch, Legislative Branch and the Judicial Branch.

The leaders of the states wanted a strong and fair national government. But they also wanted to protect individual freedoms and prevent the government from abusing its power. They believed they could do this by having three separate branches of government: the executive, the legislative and the judicial. This separation is described in the first three articles, or sections, of the Constitution.

Legislative – Makes laws "Congress"
Executive – Carries out laws "President, Vice President, Cabinet"
Judicial – Evaluates laws "Supreme Court and Other Courts"

To understand the meaning of these three historical documents, one has to be able to go back in time and put one self in their place when they wrote these documents and not how the lawyers, members of congress, the president or even judges think they meant or try and write things into these documents that are not there.

Let us examen these three historical documents; The Declaration of Independence, The Constitution of the United States, and The Bill of Rights to the Constitution in more detail as to what our founding fathers had in mind at the time they were written.

First – The Declaration of Independence: This document is very straight forward in just what it is telling the king of England. The delegates of the 13 American colonies stated in The Declaration of Independence that.

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

The 27 grievance listed in the Declaration of Independence against then King George III and the British Paramount are those the 13 Colonies felt were injustice against the 13 Colonies and its people which are self explanatory in their entirety.

Second – The Constitution of the United States: The Constitution is straight forward, for it is the bases to all laws of this land. As stated in the first sentence;

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

It also states in;

Article I.

Section 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Note: I am not sure just what they meant by this at the time it was written "and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen". Merriam Webster definition is: one that occupies a particular place regularly, routinely, or for a period of time <inhabitants of large cities>.

Section 3.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

Article II.

Section 1.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Note: The question of a natural born Citizen was never clearly defined in the Constitution. There are many definitions to this question. Both from law schools, lawyers to federal judges and one is this;

The Constitution does not define the phrase natural-born citizen, and various opinions have been offered over time regarding its precise meaning. The consensus of early 21st-century constitutional and legal scholarship, together with relevant case law, is that "natural born" comprises all people born subject to the jurisdiction of the United States, including, generally, those born in the United States, those born to U.S. citizen parents in foreign countries, and those born in other situations meeting the legal requirements for U.S. citizenship "at birth".

The natural-born-citizen clause has been mentioned in passing in several decisions of the United States Supreme Court, and by some lower courts that have addressed eligibility challenges, but the Supreme Court has never directly addressed the question of a specific presidential or vice-presidential candidate's eligibility as a natural-born citizen. Many eligibility lawsuits from the 2008 and 2012 election cycles were dismissed in lower courts due to the challengers' difficulty in showing that they had standing to raise legal objections. Additionally, some experts have suggested that the precise meaning of the natural-born-citizen clause may never be decided by the courts because, in the end, presidential eligibility may be determined to be a non-justifiable political question that can be decided only by Congress rather than by the judicial branch of government.

The Naturalization Act of 1790 and 1795 stated that "the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States." This act was repealed by the Naturalization Act of 1795, which removed the characterization of such children as "natural born," stating that "the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States" while retaining the same residency restrictions as the 1790 act.

Current State Department regulation concerning this reads: "This statute is no longer operative, however, and its formula is not included in modern nationality statutes. In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes."

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Article IV.

Section 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive "when the Legislature cannot be convened", against domestic Violence.

Article V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Note: After reading the Constitution, very carefully and completely again, which is the bases for the law of the land, does it state that any other forms of law other then what congress passes and is signed by the president or is passed by the states legislators and signed by the governor of that state have any legal bases nor is enforceable under the Constitution. The laws of any foreign country nor what is known as Sharia Law, which is being pushed on American Citizens now, which is the law of the Muslim Islamic faith, hasn't any legal bases in the United States under the United States Constitution.

For those who don't know just what Sharia Law is, here is a short description. Sharia law is the body of Islamic law. The term means "way" or "path"; it is the legal framework within which the public and some private aspects of life are regulated for those living in a legal system based on Islam.

Sharia deals with all aspects of day-to-day life, including politics, economics, banking, business law, contract law, sexuality, and social issues.

There is not a strictly codified uniform set of laws that can be called Sharia. It is more like a system of several laws, based on the Qur'an, Hadith and centuries of debate, interpretation and precedent.

Islamic shariah is not implemented in any country of the world, most Muslim countries have their own laws & chosen only few of laws from Islamic shariah.

Third – The Bill of Rights to the Constitution:

Let us examen these Bill of Rights to the Constitution consists of 12 Article and 27 Amendments. We will cover each of these Articles one at a time and then examen the first 10 Amendments at the time they were written by our founding fathers. There are many definitions to these Articles and Amendments, both from Law Schools, Lawyers to Federal Judges.

Article the first... After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

Note: This article is straight forward in its content.

Article the second... No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Note: This article is straight forward in its content.

Article the third... 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.

Note: This article is quite simple, even though it has four parts to it.

First - establishment of religion, or prohibiting the free exercise thereof. Every person has the right to worship as they so chose with out repercussion from any other religion. In other words, a Muslim, Lutheran, Baptist, and etc. can worship as their chose with forcing their religion on to other.

Second - or abridging the freedom of speech or of the press, free speech or press is just what it is as long as one does not defame or use defamatory words either in language or print to harm the reputation of by libel or slander. When the government infringes on free speech, it called censorships, Tyranny or Oppression.

Third - or the right of the people peaceably to assemble, where groups of people two or more have the right to meet either in public or privately as long as the assemble is peaceable and as long as it is not in the form of rioting, or a mob action where there is violence either in looting, criminal damage to persons or property. When an assemble turns violent, it becomes a riot or mob action.

Fourth - to petition the Government for a redress of grievances is the right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals.

Article the fourth... 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.

Note: This article is quite simple, even though it has two parts to it.

First - A well regulated Militia, being necessary to the security of a free State. During the time this article was written, a well regulated Militia was made up of citizens' civilians between the ages of 18 years old to 50 years old that had fire arms, which were mainly smooth bore flint locks. They were the states army to serve the state government in the time or war or emergency. At the time of the writing of this article, they had no idea what a National Guard was. The first time the term National Guard came during World War I, when Congress passed the National Defense Act of 1916, which required the use of the term "National Guard" for the state militias and further regulated them. Congress also authorized the states to maintain Home Guards, which were reserve forces outside the National Guards being deployed by the Federal Government. This is when the term National Guard came about contrary to what members of the United States Congress and other people are led to believe.

Second - the right of the people to keep and bear Arms, shall not be infringed. The right to bear Arms at the time this Article was written, the term Arms could be anything from a smooth bore flint lock rifle to a bow and arrows a crossbow and etc. This Article does not spell out just what Arms they were referring to. But it is assumed to be Fire Arms which means anything that used power to fire it. Even though Article Four was written in such a way where there is no prevision in the Bill of Rights to regulate Fire Arms. The Federal Government and States have been enacting regulations of their own. Gun regulations date back as early as 1865 in a reaction to emancipation, several southern states adopt "black codes" which, among other things, forbid black persons from possessing firearms. Fire Arms regulations time line is a following:

1871 The National Rifle Association (NRA) is organized around its primary goal of improving American civilians' marksmanship in preparation for war.

1927 Congress passes a law banning the mailing of concealable weapons.

1934 The National Firearms Act of 1934 regulating only fully automatic firearms like sub-machine guns is approved by Congress.

1938 The Federal Firearms Act of 1938 places the first limitations on selling ordinary firearms. Persons selling guns are required to obtain a Federal Firearms License, at an annual cost of $1, and to maintain records of the name and address of persons to whom firearms are sold. Gun sales to persons convicted of violent felonies were prohibited.

1968 The Gun Control Act of 1968 - "...was enacted for the purpose of keeping firearms out of the hands of those not legally entitled to possess them because of age, criminal background, or incompetence." -- Bureau of Alcohol, Tobacco, and Firearms The Act regulates imported guns, expands the gun-dealer licensing and record keeping requirements, and places specific limitations on the sale of handguns. The list of persons banned from buying guns is expanded to include persons convicted of any non-business related felony, persons found to be mentally incompetent, and users of illegal drugs.

1972 The Bureau of Alcohol Tobacco and Firearms is created listing as part of its mission the control of illegal use and sale of firearms and the enforcement of Federal firearms laws. ATF issues firearms licenses and conducts firearms licensee qualification and compliance inspections.

1977 The District of Columbia enacts an anti-handgun law which also requires registration of all rifles and shotguns within the District of Columbia.

1986 The Armed Career Criminal Act (Public Law 99-570) increases penalties for possession of firearms by persons not qualified to own them under the Gun Control Act of 1986.
The Firearms Owners Protection Act (Public Law 99-308) relaxes some restrictions on gun and ammunition sales and establishes mandatory penalties for use of firearms during the commission of a crime.

The Law Enforcement Officers Protection Act (Public Law 99-408) bans possession of "cop killer" bullets capable of penetrating bulletproof clothing.

1989 California bans the possession of semiautomatic assault weapons following the massacre of five children on a Stockton, CA school playground.

1990 The Crime Control Act of 1990 (Public Law 101-647) bans manufacturing and importing semiautomatic assault weapons in the U.S. "Gun-free school zones" are established carrying specific penalties for violations.

1994 The Brady Handgun Violence Prevention Act (Public Law 103-159) imposes a five-day waiting period on the purchase of a handgun and requires that local law enforcement agencies conduct background checks on purchasers of handguns. ATF's Brady Law website: https://www.atf.gov/rules-and-regulations/brady-law

The Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) bans all sale, manufacture, importation, or possession of a number of specific types of assault weapons.

1998 - July An amendment requiring a trigger lock mechanism to be included with every handgun sold in the U.S. is defeated in the Senate.

But, the Senate approves an amendment requiring gun dealers to have trigger locks available for sale and creating federal grants for gun safety and education programs.

1998 - October New Orleans, LA becomes the first US city to file suit against gun makers, firearms trade associations, and gun dealers. The city's suit seeks recovery of costs attributed to gun-related violence.

1998 - November 12 Chicago, IL files a $433 million suit against local gun dealers and makers alleging that oversupplying local markets provided guns to criminals.

1998 - November 30 Permanent provisions of the Brady Act go into effect. Gun dealers are now required to initiate a pre-sale criminal background check of all gun buyers through the newly created National Instant Criminal Background Check (NICS) computer system.

1998 - December 1 The NRA files suit in federal court attempting to block the FBI's collection of information on firearm buyers.

1998 - December 5 President Clinton announces that the instant background check system had prevented 400 illegal gun purchases. The claim is called "misleading" by the NRA.
1999 - January Civil suits against gun makers seeking to recover costs of gun-related violence are filed in Bridgeport, Connecticut and Miami-Dade County, Florida.

1999 - May 20 By a 51-50 vote, with the tie-breaker vote cast by Vice President Gore, the Senate passes a bill requiring trigger locks on all newly manufactured handguns and extending waiting period and background check requirements to sales of firearms at gun shows.

1999 - August 24 The Los Angeles County, CA Board of Supervisors votes 3 - 2 to ban the the Great Western Gun Show, billed as the "world's largest gun show" from the Pomona, CA fairgrounds where the show had been held for the last 30 years. "Typical Gun Show Rules& Regulations"

President Obama Proposes Sweeping Changes to Gun Control - In response to recent massacres, including the killing of 20 first graders in Newtown, Conn., and 12 moviegoers in Aurora, Colo., President Barack Obama introduces proposals to tighten gun-control laws. His plan includes universal background checks for gun sales, the reinstatement and strengthening of the assault weapons ban, limiting ammunition magazines to a 10-round capacity, and other measures. Obama proposes are through Executive Orders and not through enactment of Legislation in Congress.

Colorado Recalls Pro-Gun Control State Senators - On Sept. 10, voters threw out of office Democrats John Morse and Angela Giron for their support of recently enacted gun-control laws that mandate background checks on private gun sales and limit magazine clips to 15 rounds. The election drew national attention not only for the ouster of the officials but also for the influx of money on both sides, from the National Rifle Association and New York mayor Michael Bloomberg, a gun-control advocate.

The Federal Government isn't going to ban Guns they are going to regulate them into non existence to where only the Government Agencies has them or the criminals, gangs and illegal's have them and not American Citizens. Gun registrations is nothing more then when the government is ready to confiscate all guns, all they have to do is go one of three places, country, state and federal data base to find out the names and address of every gun owner in the country. 1994 Brady Handgun Violence Prevention Act "Public Law 103-159" and 1998 November 30 Permanent provisions of the Brady Act the newly created National Instant Criminal Background Check "NICS" computer system.

With all these current and proposed regulations is not Democracy but is nothing more then "Tyranny, Oppression and Dictatorship of Americans God Give Rights of for Democracy and due process of law. This is nothing more then a one state rule, which are the bases of Socialism and the down fall of American Democracy as one knows it today.

Article the fifth... 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.

Note: This hasn't been done since British Solders were stationed in the colonies and the end of the Revolutionary War.

Article the sixth... 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.

Note: This article is of interest. Since the law enforcement agencies now have what is called No Knock Search Warrants or use what is called a Probable Cause Search Warrants. Search Warrants today are so broad that they allow the searching of entire homes, buildings, cars and the like all based on probable cause. In other words they think you may have something they want to see if you actually have said item or items. When it comes to buildings, the search warrant lists the address of said building with very broad latitude of what they are searching for. One thing I find very interesting is computers, they get a search warrant to search your computer hard drive and once they have it, what is stopping them from putting items on the hard drive that will incriminate you, since you can not have it re-examined once they have it. Every document on a hard drive has a time stamp on it as to the last time it was accessed. So what is to prevent them from planting something on it, since you are not allowed to see what they have done, there is none.

Even during a traffic stop a police officer can search your car just on probable cause you are hiding something and if you refuse, they will impound the car and get a search warrant.

Article the seventh... 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.

Article the eighth... 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.

Article the ninth... 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 re-examined in any Court of the United States, than according to the rules of the common law.

Article the tenth... Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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

Article the twelfth... 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.

[Articles 7, 8, 9, 10, 11 and 12 are straight forward as to their intent and as written].

The first 10 Amendments have not been amended or had any changes to them since they were Created on September 25, 1789 and Ratified on December 15, 1791.

These interpretations as to just what the first 10 Amendments mean are based on Constitutional Case Law in both Federal and State Courts.

Application

The Bill of Rights had little judicial impact for the first 150 years of its existence; in the words of Gordon S. Wood, "After ratification, most Americans promptly forgot about the first ten amendments to the Constitution." The Court made no important decisions protecting free speech rights, for example, until 1931. Historian Richard Labunski attributes the Bill's long legal dormancy to three factors: first, it took time for a "culture of tolerance" to develop that would support the Bill's provisions with judicial and popular will; second, the Supreme Court spent much of the 19th century focused on issues relating to intergovernmental balances of power; and third, the Bill initially only applied to the federal government, a restriction affirmed by Barron v. Baltimore (1833). In the twentieth century, however, most of the Bill's provisions were applied to the states via the Fourteenth Amendment, a process known as incorporation—beginning with the freedom of speech clause, in Gitlow v. New York (1925), in Talton v. Mayes (1896), the Court ruled that Constitutional protections, including the provisions of the Bill of Rights, do not apply to the actions of American Indian tribal governments.

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.

The First Amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. Initially, the First Amendment applied only to laws enacted by Congress, and many of its provisions were interpreted more narrowly than they are today.

In Everson v. Board of Education (1947), the Court drew on Thomas Jefferson's correspondence to call for "a wall of separation between church and State", though the precise boundary of this separation remains in dispute. Speech rights were expanded significantly in a series of 20th- and 21st-century court decisions that protected various forms of political speech, anonymous speech, campaign financing, pornography, and school speech; these rulings also defined a series of exceptions to First Amendment protections. The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits, most notably in New York Times Co. v. Sullivan (1964). Commercial speech is less protected by the First Amendment than political speech, and is therefore subject to greater regulation.

The Free Press Clause protects publication of information and opinions, and applies to a wide variety of media. In Near v. Minnesota (1931) and New York Times v. United States (1971), the Supreme Court ruled that the First Amendment protected against prior restraint—pre-publication censorship, in almost all cases. The Petition Clause protects the right to petition all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause, the Court has also ruled that the amendment implicitly protects freedom of association.

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.

The Second Amendment protects the right to keep and bear arms. The concept of a right to keep and bear arms existed within English common law long before the enactment of the Bill of Rights. Eighteenth century English jurist and judge Sir William Blackstone described this right as

a public allowance under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.

First codified in the English Bill of Rights of 1689 (but there only applying to Protestants), this right was enshrined in fundamental laws of several American states during the Revolutionary era, including the 1776 Virginia Declaration of Rights and the Pennsylvania Constitution of 1776.

Long a controversial issue in American political, legal and social discourse, the Second Amendment has been at the heart of several Supreme Court decisions.

In United States v. Cruikshank (1875), the Court ruled that "[t]he right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government."
In United States v. Miller (1939), the Court ruled that the amendment "[protects arms that had a] reasonable relationship to the preservation or efficiency of a well regulated militia".
In District of Columbia v. Heller (2008), the Court ruled that the Second Amendment "codified a pre-existing right" and that it "protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home" but also stated that "the right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose".
In McDonald v. Chicago (2010), the Court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government.

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.

The Third Amendment restricts the quartering of soldiers in private homes, in response to Quartering Acts passed by the British parliament during the Revolutionary War. The amendment is one of the least controversial of the Constitution, and, as of 2012, has never been the primary basis of a Supreme Court decision.

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.

The Fourth Amendment guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure including arrest) must be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer who has sworn by it. The amendment is the basis for the exclusionary rule, which mandates that evidence obtained illegally cannot be introduced into a criminal trial. The amendment's interpretation has varied over time; its protections expanded under left-leaning courts such as that headed by Earl Warren and contracted under right-leaning courts such as that of William Rehnquist.

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 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.

The Fifth Amendment protects against double jeopardy and self-incrimination and guarantees the rights to due process, grand jury screening of criminal indictments, and compensation for the seizure of private property under eminent domain. The amendment was the basis for the court's decision in Miranda v. Arizona (1966), which established that defendants must be informed of their rights to an attorney and against self-incrimination prior to interrogation by police.

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 defence.

The Sixth Amendment establishes a number of rights of the defendant in a criminal trial:

The right to a speedy and public trial
The right to trial by an impartial jury
The right to be informed of criminal charges
The right to confront witnesses
The right to compel witnesses to appear in court
The right to assistance of counsel

In Gideon v. Wainwright (1963), the Court ruled that the amendment guaranteed the right to legal representation in all felony prosecutions in both state and federal courts.

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 re-examined in any court of the United States, than according to the rules of the common law.

The Seventh Amendment guarantees jury trials in federal civil cases that deal with claims of more than twenty dollars. It also prohibits judges from overruling findings of fact by juries in federal civil trials. In Colgrove v. Battin (1973), the Court ruled that the amendment's requirements could be fulfilled by a jury with a minimum of six members. The Seventh is one of the few parts of the Bill of Rights not to be incorporated (applied to the states).

Eighth Amendment

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

The Eighth Amendment forbids the imposition of excessive bails or fines, though it leaves the term "excessive" open to interpretation.

The most frequently litigated clause of the amendment is the last, which forbids cruel and unusual punishment. This clause was only occasionally applied by the Supreme Court prior to the 1970s, generally in cases dealing with means of execution. In Furman v. Georgia (1972), some members of the Court found capital punishment itself in violation of the amendment, arguing that the clause could reflect "evolving standards of decency" as public opinion changed; others found certain practices in capital trials to be unacceptably arbitrary, resulting in a majority decision that effectively halted executions in the United States for several years. Executions resumed following Gregg v. Georgia (1976), which found capital punishment to be constitutional if the jury was directed by concrete sentencing guidelines. The Court has also found that some poor prison conditions constitute cruel and unusual punishment, as in Estelle v. Gamble (1976).

Ninth Amendment

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

The Ninth Amendment clarifies that the specific individual rights stated in the Constitution, particularly in the Bill of Rights, does not constitute an explicit and exhaustive listing of all individual rights possessed by the people, and cannot be used by the federal government to increase its powers in areas not stated. It was rarely cited before the second half of the 20th century, when it was used as a positive affirmation of a right not stated but nonetheless protected by the Constitution, the right to privacy. This right was, in turn, the foundation upon which the Supreme Court built decisions in several landmark cases: Griswold v. Connecticut (1965), which struck down a Connecticut law criminalizing the use of contraceptives; Roe v. Wade (1973), which overturned a Texas law making it a crime to assist a woman to get an abortion; and Planned Parenthood v. Casey (1992), which invalidated a Pennsylvania law that required spousal awareness prior to obtaining an abortion.

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.

The Tenth Amendment reinforces the principles of separation of powers and federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or the people. The amendment provides no new powers or rights to the states, but rather preserves their authority in all matters not specifically granted to the federal government.

Revised: 08 March 2016