Glenn Beck - Miracles and Massacres - True and Untold Stories of the Making of America

Q268. You said that the use of Courts was to determine when the laws have been disobeyed, and causing those who have disobeyed them to be punished. How do Courts answer this end?

A. When a person is charged with having done something to his neighbor, or to the State, which is forbidden by law, the fact is judged of by a Jury.

Q269. What do you mean by a Jury?

A. A company of citizens, chosen by lot, and who have no interest in the matter, who listen to the proofs brought against the person accused, and who then agree among themselves whether the accusation has been proved or not. When they declare this agreement in opinion, it is called their verdict ; and according to this, the cause is decided.

Q270. Is this a wise regulation?

A. Certainly. The trial by jury, is a most precious privilege—as it secures to every man a fair hearing, and is the best safe-guard of his liberty, property, and life; all which might be taken from him by a partial or corrupt Judge, if that officer alone had to decide on the guilt or innocence of those who are tried before him.

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Q296. The majority of the people of any State may certainly alter its laws, provided they do not violate the Constitution: but may the Constitution itself be altered?

A. Yes. The Constitution being nothing more than an expression of the will of the people of the United States, is at all times within their own power, and they may change it as they like, but it ought not to be changed till it is very clearly shown to be the wish of the people.

Q297. How is this to be found out?

A. When two thirds of the members both of the Senate and the House of Representatives shall agree in opinion that an alteration would be proper, they may state such alteration and propose it to be considered by the people of all the States. The alteration must then be considered by the Legislature of each of the States, or by a Convention in each State, (which is a meeting of persons chosen by the people for this particular purpose); and if three fourths of the States agree to the amendment, it then becomes a part of the Constitution.

Q298. But if three fourths of the States should thus agree to an amendment which would deprive the remaining States against their will of their equal vote in the Senate, would such amendment be binding?

A. No. This case is provided against in the Constitution, and one other (in relation to slaves) which could only happen previous to the year 1808; but as that year is now past, no farther notice need be taken of it.

Q299. What is the supreme law of the United States?

A. The Constitution itself is supreme; and all laws and treaties made by Congress and the President, in conformity with it, are superior to any law made by one of the States, so that if the law of a State contradicts a law of Congress, the State law is no force, and the United States law alone must be obeyed.

Q300. What security have we that the Constitution will be observed?

A. The President, the Members of Congress, the Members of all the State Legislatures, and all public officers of the United States, and of each one of the States, takes an oath, when they enter upon their several offices, to obey the Constitution. But the great security for its observance lies in the wisdom and excellence of the Constitution itself, and the conviction of the whole people of the United States, that it is for their true interest to observe it inviolate. It has been tried for fifty years, and has done more to render this nation peaceable, powerful and happy than any form of government that ever existed among men.

Q301. You said that the Constitution, however wise or good, might nevertheless be amended if the people of the United States choose?

A. Yes; the Constitution says so expressly.

Q302. Has it ever been amended?

A. Yes, several times.

Q303. What was the subject of the first amendment?

A. The subject of religious freedom.

Q304. What do you mean by that?

A. I mean the right every man has to worship God in such way as he thinks fit, without being called to account for his opinions, or punished for them.

Q305. Is this a sacred right, which ought to be guarded with the greatest care?

A. Certainly. God alone is the Judge of our religious belief and service, and no man has a right to interfere with it, so long as it does not lead us to injure or disturb our neighbor. A great part of the misery and oppression which has existed in the world, began with forcing men to do what their conscience disapproved.

Q306. What amendment was made in the Constitution on this subject?

A. Congress was forbidden to make any law respecting an establishment of religion; that is, giving the preference to any one form of religion above another, and making laws to support it; or making laws to prevent men from freely holding or observing any particular form of religious belief and practice.

Q307. Was any other subject introduced into the same amendment?

A. Yes; the freedom of speech and the freedom of the press.

Q308. What do you understand by these expressions?

A. In a free country like ours, every citizen has a right to express his opinion of the character and conduct of our rulers, and of the laws they make for our government; to forbid this, or punish it, would be highly dangerous to our liberty. If those chosen by their fellow citizens to rule the State, rule in a foolish or wicked manner, it ought to be known, that they may be speedily turned out of office; but if nobody might find fault with them without danger of punishment, their bad conduct would never be exposed, and they might continue in power to the great injury of us all. The right to speak our opinions is the freedom of speech; and the right to print them, that they may be read by others, is the freedom of the press.

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Q330. Because the Constitution only speaks of certain rights belonging to citizens of the United States, does it follow that the citizens have no rights but these?

A. By no means.

Q331. Has the United States Government any power but such as is contained in the Constitution?

A. No.

Q332. Have the different States of the Union all the powers which rightfully belong to a State, except those which are denied to them by the Constitution?

A. Yes. When the States united to form a constitution for their General Government, they agreed to give up to that government some of the powers they had before, and they set down in the Constitution what these powers were. All other powers they keep. The same thing is true respecting the people. All the powers they have not given up to the State Governments or to the General Government, they keep in their own hands.

Conclusion

In the first place, consider how happy and how highly favored is our country, in having a system of government so wisely calculated to secure the life, liberty, and happiness of all its citizens. Had you lived or travelled in other parts of the world, you would be much more sensible of this, than you can possibly be without such an opportunity of comparing our lot with that of others. But, as your reading increases, particularly in history and in travels, you will be able to form a more just estimate of what you enjoy. When you read of the oppression which has been, and still is exercised, I do not say in Africa and Asia, whose inhabitants are but partially civilized—but even in the most enlightened countries of Europe; under absolute monarchs, a proud and haughty nobility—a worldly, selfish, and ambitious priesthood—a vast and rapacious standing army, and a host of greedy officers of government; and then turn your eyes on your own happy home, a land where none of these evils has any place—where the people first make the laws and then obey them—where they can be oppressed by none, but where every man’s person, property, and privileges are surrounded by the law, and sacred from every thing but justice and the public good; how can you be sufficiently grateful to a beneficient Providence, which has thus endowed our country with blessings equally rich and rare?