Reprinted from Paul Craig Roberts Website
To answer the question that is the title, we have to know of what the US consists. Is it an ethnic group, a collection of buildings and resources, a land mass with boundaries, or is it the Constitution. Clearly what differentiates the US from other countries is the US Constitution. The Constitution defines us as a people. Without the Constitution we would be a different country. Therefore, to lose the Constitution is to lose the country.
Does the Constitution still exist? Let us examine the document and come to a conclusion.
The Constitution consists of a description of a republic with three independent branches, legislative, executive, and judicial, each with its own powers, and the Bill of Rights incorporated as constitutional amendments. The Bill of Rights describes the civil liberties of citizens that cannot be violated by the government.
Article I of the Constitution describes legislative powers. Article II describes executive powers, and Article III describes the power of the judiciary. For example, Article I, Section 1 gives all legislative powers to Congress. Article I, Section 8 gives Congress the power to declare war.
The Bill of Rights protects citizens from the government by making law a shield of the people rather than a weapon in the hands of the government.
The First Amendment protects the freedom of speech, the press, and assembly or public protest.
The Second Amendment gives the people the right "to keep and bear arms."
The Third Amendment has to do with quartering of soldiers on civilians, a large complaint against King George III, but not a practice of present-day armies.
The Fourth Amendment grants "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" and prevents the issue of warrants except "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 prevents police and prosecutors from going on "fishing expeditions" in an effort to find some offense with which to charge a targeted individual.
The Fifth Amendment prohibits double jeopardy, self-incrimination, the taking of life, liberty, or property without due process and the prohibition of seizing property without just compensation.
The Sixth Amendment guarantees speedy and public trial, requires that a defendent be informed of the charge against him and to be confronted with the witnesses, to present witnesses in his favor, and to have the assistance of an attorney.
The Seventh Amendment gives the right of trial by jury to civil suits.
The Eighth Amendment prevents excessive bail and cruel and unusual punishments.
The Ninth Amendment says that the enumeration of certain rights in the Constitution does not deny or disparage others retained by the people. In other words, people have rights in addition to the those listed in the proscriptions against the government's use of abusive power.
The Tenth Amendment reserves the rights not delegated to the federal government to the states.
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