The United States Bill of Rights came into effect on this day 217 years ago. The purpose of the Bill of Rights was to protect the people against a number of types of abuse which citizens had been suffering at the hands of the State. It is interesting to reflect on this in the light of the manner in which terrorism suspects have been treated in recent years. The Bill protects freedom of speech, religion, assembly, the press, and the right to petition. States often try to restrict these freedoms in the interests of “law and order”. For example, Kenya has in the past week passed a Bill which will restrict freedom of the press, supposedly to prevent the incitement of violence, but it is feared the main effect will be to prevent public criticism of corrupt politicians.
The Bill provides the rights not to be deprived of life, liberty or property without due process of law, to a speedy public trial by an impartial jury, and not to be subjected to cruel and unusual punishments. The prisoners who have languished at Guantanamo Bay for many years have been denied these rights. Genuine refugees who have sought asylum in Australia in recent years have been denied these rights.
The Bill also provides that: “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.” At great cost to the personal security of millions of Americans, this is interpreted as meaning that everyone has the right to own and use guns. A provision which was intended to protect the general population against the arbitrary actions of angry men with guns has been interpreted in such a way that the general population is now permanently subject to the arbitrary actions of angry men with guns.