Understanding Your Right to Assemble
By Carol Hand
()
About this ebook
Carol Hand
My name is Carol Hand and I am the Author of the Watermelon Patch. I grew up in Eudora, Arkansas and moved to Alaska in 1967. It was here I married Terry Hand. We have 5 children, 11 Grandchildren, and 3 Great grandchildren. I now live in a small community called Kenny Lake, Ak. My Children have grown up and moved away but they often remind me that all the bedtime stories I made up should be written down. So I decided to write this book about my Grandfather"s farm in Arkansas. He raised hound dogs to sell but had his favorite pets. His watermelon patch was my favorite place to go and check them often. We have enjoyed raising our family here in the Alaska Bush where there was plenty room to roam. My favorite winter outdoor hobby was snowmachining. In the summers I loved to hike our favorite trails with my family.
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Understanding Your Right to Assemble - Carol Hand
Index
INTRODUCTION
Should the United States be governed as a loose confederation of states with each state answerable only to itself, or should it have a strong central government with more power to control states and legislate policies affecting all states? That was the question facing the Constitutional Convention on May 25, 1787, in Philadelphia. Since 1781, the United States had been a loose federation of thirteen sovereign and independent states, governed by the Articles of Confederation. But this form of government was less than successful. State economies were crashing. The weak federal government could not help—its treasury was depleted; inflation was out of control (a pound of tea cost $100 in some places); and farms were being confiscated and sold, and farmers were thrown into debtors’ prison.
George Washington was the first delegate to sign the new Constitution of the United States of America in Philadelphia at the culmination of the Constitutional Convention in September 1787.
James Madison of Virginia was the driving force behind the Constitutional Convention. Madison felt a strong central government was the only way to save the nation. His efforts resulted in a group of fifty-five participating delegates from twelve of the thirteen colonies (Rhode Island opposed changing the Constitution and refused to send delegates). Patrick Henry also refused to attend, saying he smelt a rat.
Henry’s rat
was the decreased state power that would result from a strong central government. Henry and others felt strong state governments were necessary to protect personal liberties.
The convention lasted four months. Debates were intense and heated. On one side were the Federalists (Madison and his allies). They envisioned a government with power to regulate commerce, set commercial policy, collect taxes, support a war effort, and settle disputes between states. They were opposed by the Anti-Federalists—representatives of smaller states who feared losing the equality they enjoyed under the Articles of Confederation and southern states who feared changes in laws regulating commerce and control of slaves. After many heated battles, the delegates compromised.
The new U.S. Constitution consisted of seven articles. It described the structure and duties of the three branches of government. The first three articles cover the legislative, executive, and judicial branches. The other articles deal with amending and ratifying the Constitution and with federal versus state power. Only Article IV briefly mentions individual rights of citizens. The Constitution was signed on September 15, 1787, and ratified (signed and consented to) by the required nine states on July 2, 1788. But the vote in several states was extremely close.
The main objection was that the Constitution failed to include a Bill of Rights. Many framers thought it was unnecessary because these rights were obvious. Alexander Hamilton said that, since the government had no authority to abridge individual freedoms, those freedoms did not need to be stated explicitly. Others (including James Madison) thought freedoms were guaranteed by the checks and balances provided by the three branches of government. Thomas Jefferson disagreed. Jefferson was serving in the Foreign Office in Paris and did not attend the Constitutional Convention. But he wrote Madison that failure to include a Bill of Rights was a major mistake. According to the article The Bill of Rights: Its History and Significance,
on the UMKC School of Law Web site, Jefferson’s letter said, A bill of rights is what the people are entitled to against every government on Earth.
Anti-Federalists were so concerned that a strong federal government would erode the rights of individuals that they demanded a document spelling out specific rights such as freedoms of speech and religion. Several states refused to ratify the Constitution unless the Federalists agreed to amend it later by passing a Bill of Rights. They agreed, the Constitution was passed, and work began on the Bill of Rights. Again, James Madison took the lead. Madison’s first draft was sent to Congress for revision and approval. The revised document was the Bill of Rights we know today (the first ten amendments of the Constitution). It was passed and ratified by three-fourths of the states on December 15, 1791.
CHAPTER 1
MEANING OF THE RIGHT TO ASSEMBLE
The First Amendment of the Bill of Rights outlines the individual freedoms its writers considered most essential in a free and democratic society. It consists of only forty-five words:
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 Bill of Rights specifies those rights of individuals against which the government cannot trespass. The government has an obligation to protect those rights for every individual. No freedoms are more important that those described in the First Amendment, and no rights are more closely linked. In considering the right to assemble, we must also consider, at least briefly,