April 16, 2012

Collective Right

It has been argued that in the BoR, people refers to the general population, i.e. a collective right not applied to the individual. Rights belonging to the individual are covered with the term persons.
If that is true, are these the meaning of the amendments?

Amendment I

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.

An individual may not assemble nor petition for redress of grievances. That is only a right of a group.

Amendment II

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.

Individuals are not guaranteed the right to keep and bear arms unless in a militia (National Guard?). If they are members of the militia, however, they should keep their arms in their personal possession.

Amendment IV

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.

An identified group of people (by geography, race, income, political beliefs or other criteria), are to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. Individuals, however do not have this protection. Searches and seizes may be preformed on individuals as long as it is not based on a set criteria identifying them as a people.

Amendment IX

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

Groups may have other rights, which shall not be denied or disparaged. Individual rights may be so.

Amendment X

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.

As per Amendment IX