How the Bill of Rights and a Lack of Virtue are Destroying America
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The American bill of rights, long heralded as an ensign of freedom across the world, is today being used as a tool of destruction by the U.S. Supreme Court. This is happening because of the creation by the court of sexual "rights," which have no basis in the constitution or any of its amendments. This volume explains this dangerous trend, and how it can be reversed--before it is too late!
Duane L. Ostler
Duane L. Ostler was raised in Southern Idaho, and has lived in Australia, Mexico, Brazil, China, Utah, the big Island of Hawaii, and—most foreign of all—New Jersey. He practiced law for over 10 years and has a PhD in legal history. He and his wife have five children and two cats.
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How the Bill of Rights and a Lack of Virtue are Destroying America - Duane L. Ostler
HOW THE BILL OF RIGHTS AND A LACK OF VIRTUE SEX ARE DESTROYING AMERICA
by Duane L. Ostler
Copyright 2015 Duane L. Ostler
All rights reserved. This book may not be reproduced, copied or distributed without the express permission of the author.
Cover art: Independence Day
by Udo J. Keppler, in Puck Magazine, 1908.
TABLE OF CONTENTS
INTRODUCTION
BACKGROUND TO THE BILL OF RIGHTS
THE BAN ON BILLS OF ATTAINDER
WAS A BILL OF RIGHTS UNNECESSARY AND DANGEROUS?
THE 'FATHER OF THE BILL OF RIGHTS' DID NOT LIKE BILLS OF RIGHTS
THE NINTH AMENDMENT
RIGHTS THE NINTH AMENDMENT WAS INTENDED TO PROTECT--AND THOSE IT WAS NOT
SO WHAT HAPPENED?
JUDICIAL ACTIVISM
WHAT THE 'RIGHT OF PRIVACY' IS ALL ABOUT
A FREE SPEECH EXAMPLE
CONCLUSION
ENDNOTES
OTHER BOOKS BY THE AUTHOR
INTRODUCTION
I suspect you are reading this right now because of the shocking nature of the title. After all, the mere suggestion that our blessed bill of rights could be harming America seems, on its face, completely impossible and foreign to logic. How could such a thing be possible? Doesn't the bill of rights protect us? How could something protecting us be destroying us at the same time?
This short work will seek to answer these questions. The answers will not be easy, and will undoubtedly be very disturbing. But the answers are nonetheless very, very real.
Of course, the title deals with more than just the bill of rights. It also makes an intriguing reference to a 'lack of virtue.' This is a very apt description of America today, and hardly needs explaining. Turn on the TV, go to almost any movie at the theaters, listen to the lyrics of most songs, or browse through the pages of most new books for adults (and many even for children!), and you will see sex as the constant, underlying theme. Most producers of entertainment today believe that including sex is necessary to the success of their product. What is even sadder is that they are largely right. Sex sells. And because it sells, producers of 'entertainment' keep dishing up more and more for us. What was once spoken of with discretion and common sense is now bandied about continuously, giving the false impression that obsession with sex is normal and that sexual deviance is normal too. Nothing could be farther from the truth, as this short volume will explain.
A caveat about the bill of rights needs to be added at this point. Two caveats, actually. First is the reality that the bill of rights, by itself, is a mere document, and lacks the power to destroy anyone. As will be explained in the pages that follow, it is therefore the INTERPRETATION of the bill of rights that is destroying America today, not the bill of rights itself. More specifically, it is the interpretations in a number of cases of the modern Supreme Court that is bringing about the destruction. And as we shall see, it is specifically an interpretation by the Court in favor of sexual deviance and self-destructive behavior that is portrayed as a 'right' which for some reason needs to be 'protected'--that is what is destroying us.
The second caveat has to do with the nature of the bill of rights itself. The 'bill of rights' is the name commonly given to the first 10 amendments to the U.S. Constitution, which were debated by Congress in 1789 and then ratified thereafter by the states, taking effect in 1791. This federal bill of rights originally only applied to the federal government. As will be explained in the pages that follow, the erroneous modern Supreme Court's interpretations regarding rights in our day relies mostly on the 14th Amendment to the Constitution, which was enacted after the Civil War and is therefore not technically part of the bill of rights. Some may therefore argue that it is the 14th Amendment that is destroying America, not the bill of rights.
While there is some merit to this argument, I believe the title to this volume still conveys the proper meaning. There are several reasons for this. One of the most significant is the fact that the 14th Amendment was chosen by the Supreme Court as the vehicle to 'incorporate' most of the bill of rights as applicable not only to the federal government, but to the states as well. This 'incorporation doctrine' which got its start