by Dennis Aubuchon

Created on: June 28, 2009   Last Updated: July 14, 2009

This article is about our rights as defined under the Constitution. It is not being written as a constitutional lawyer or judge, who I am not but solely on the words written in each amendment discussed or each article identified. The first 10 amendments to the U.S. Constitution have been typically referred to as the Bill of Rights. While this is the foundation upon which our Constitution has been based other amendments have been added which by the language identified provide additional rights as individuals. While everything cannot be discussed in this paper many of the important or critical rights we have which in some cases have been under fire will be presented and discussed.

The first amendment identifies the right of freedom of religion, freedom of the press and freedom of expression. This amendment was ratified by the states in existence on December 15, 1971. The first amendment basically states that we have freedom of religion and the expression thereof and Congress can make no law respecting an establishment of religion or the free exercise thereof. This part of the constitution has come under some fire associated with the expression of religion sometimes displayed on public property. Some courts have held that the display of any religious expression on public property violates this amendment and has ordered the removal of such expression.

One point seems to be missed in this discussion is that public property is owned by the public and as such displaying such religious expression in my opinion does not signify the establishment or recognition of religion. Some judges have even been removed for refusing to abide by such decisions. One example of religious expression is the Ten Commandments which in many places is displayed openly and has been for years and until recently was not a problem. The Ten Commandments is the foundation of our many laws that have been enacted at the federal and state levels. Displaying the Ten Commandments is like displaying many of our laws which are based on the Ten Commandments. The question which begs to be asked is whether displaying the laws which hold their basis on the Ten Commandments would also be banned. One point to make is that there has been no consistency in ruling whether these commandments violate this amendment to the constitution.

Another aspect of the 1stAmendment is the right to freedom of expression. Freedom of speech also appears to be coming under fire under what is called the Fairness

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