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Thursday, July 19, 2007
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The ACLU - Protecting Your Abridged Rights Since 1920

My friend and coworker John was telling me about this poster he had from the ACLU that they made in honor of the 200th anniversary of the ratification of the Bill of Rights.  He's got a great story behind the whole thing, but I think the poster itself is just hilarious.  I insisted that he bring it in so that I could take a picture of it and share with the rest of you.  Please do click on it to see the larger version so you can pick out the details:

Bill of Rights

Some interesting things of note.  You'll notice that there is no mention made of the 2nd, 3rd, 7th, 9th or 10th Amendments.  Right there they forgot half of them.  Then they included amendments that aren't even in the Bill of Rights (not that those aren't important as well).  But above and beyond forgetting half the Amendments, they forgot many of the rights included in the ones they did mention.  The 1st Amendment secures 6 rights, but they only mention 3.  Same goes for other amendments as well.

So this is what the ACLU thinks is important.  Nice to have a visual reminder of that now and then.

# Posted at 8:43 AM by Nick  |  Comment Feed Link 5 Comments  |  No Trackbacks

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Thursday, July 19, 2007 9:30:02 AM (Central Daylight Time, UTC-05:00)
Are you really surprised there's no mention of the Second?

I'm always amazed by the self-deception that allows people to edit the right to keep and bear arms right out of the Constitution while discovering a right to abortion in the penumbra of that great document.
elliot
Thursday, July 19, 2007 9:39:12 AM (Central Daylight Time, UTC-05:00)
Well... here's the thing on that... and probably my only conflict with the idea that abortion is a hidden secured right. I'm a fan of the hidden 9th & 10th Amendments:

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

and

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people."

The fear of Madison was that by enumerating specific rights, that people would come to believe that those are the only rights we have. While I personally believe that abortion should be illegal because it takes away the right of life for an unborn child... I can't say I'm against the idea as a libertarian of saying that other rights are secured for people in the Constitution even though they aren't mentioned.
Nick
Thursday, July 19, 2007 10:36:48 AM (Central Daylight Time, UTC-05:00)
I elaborated on my problem with the invisible right to abortion on my own site.

But the truth is, I don't believe in "rights" the way most people understand them anyway.

It's all just a social contract. The reality is that all "rights" are negotiated. Only force is inherent.
elliot
Thursday, July 19, 2007 1:03:49 PM (Central Daylight Time, UTC-05:00)
A more nuanced view has the first eight Amendments comprising the "Bill of Rights." The 9th is a general commentary and guide to construing the previous eight, and the 10th is about government powers, not rights.

Before the ratification of the 14th Amendment, the Bill of Rights was generally held as applying exclusively to the federal government. Since then, most of the Bill of Rights provisions have been "incorporated" against the States, on a case by case and provision by provision basis.

With respect to the ACLU poster, not coincidentally, the 2nd, 3rd, and 7th Amendments have thus far resisted incorporation.

As for the voting franchise, it's pretty clearly referred to as a "right" in the Constitution.

According to this view, there's nothing even remarkable about the poster, let alone anything "hilarious."

That the poster is evidence of either "forgotten" or "abridged" constitutional rights is, frankly, a bit silly, simply because it doesn't specifically mention every single "Bill of Rights" provision.
illusory tenant
Thursday, July 19, 2007 1:31:33 PM (Central Daylight Time, UTC-05:00)
What's sad is that the poster was created to commemorate the anniversary of the ratification of the "Bill of Rights". You'd have thought they would have concentrated on ... well... the actual Bill of Rights.
Nick
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