For openers, the Constitution guarantees all of us, in a famous phrase, “life, liberty and the pursuit of happiness.”
Fair enough. Who could argue with that? I want to live, and I bet you do, too. I want to be free; so do you. We both want to “pursue happiness”…
Uh-oh. Just what the heck does that mean? Well, let’s say we’re both taking a train (after all, I do live in the New York City area): Is it okay for you to “pursue happiness” by shouting into your cell phone while I’m trying to read? Your happiness, in that case, causes me unhappiness. And the reverse. My happiness—seeing to it that you shut the heck up—would cause you unhappiness.
To put it simply, a great deal of the Constitution and everything based upon it in American law is an attempt—constantly changing and constantly challenged—to figure out how we can both be happy.
And there are only two of us in that scenario! What about the other three hundred million Americans?
The key to resolving our differences on the train involves asking this question: What policy is best for the majority of the people riding the railroad? Is it allowing everybody to shout? Of course not. That would create chaos.
So the train company has the right to make rules that override your right to shout into your phone. The train company has an obligation to think about the “greater good” of its passengers and to provide public satisfaction and safety. The train company is in business to make a profit, and your screaming will not further that cause.
Get it? Your right to free and loud speech is trumped by the train company’s rights because you chose to get on the train. Once you make that choice, you sacrifice some personal freedom. If you don’t like it, start your own train company. Call it the Screaming Eagle.
As you read, America is adding thousands of new citizens every day. Does each one of us get our own set of rights to make certain that we’re always happy?
Of course not.
Then how does it work?
Let’s look at the quick answer.
The Constitution does not exactly list all of your rights. Instead, it sets up the process for doing that and serves as a general reminder in all situations that your rights leave off at the spot where mine begin, and vice versa. But what does that mean?
I’m going to explain in one pithy paragraph something definitely worth knowing…something that many too many adults don’t understand, and something that is really very simple!
The Constitution sets down basic guidelines,
but it also opens the door for additions in
response to specific changes in our country.
Remember, every time a new invention
appears in stores, it brings with it new questions
about “rights.” Seven-hundred-watt car stereo
amps did not exist in 1789. And loud music played
by you can violate the rights of someone else.
Right? I mean, who wants to hear 50 Cent at
midnight being blared throughout the neighborhood
streets? Give us a break, please.
Back in 1789, the Philadelphia gang themselves added ten ideas, or amendments, that we know as the Bill of Rights. (How many adults know the phrase, but don’t really know what it means? Plenty, let me tell you from my experiences on the air.)
The truth is, most of your rights as a kid today are based upon those first ten amendments. That’s the first thing to know here.
Second, the Philadelphia guys made it possible for the states to add (or deny) new changes, or amendments, to the original ten. Among other things, these amendments have given women the right to vote and have established full citizenship for members of racial minorities.
That’s why, 220 years later, we’re still coming up with new ideas about rights, still arguing with one another. Like, should there be an amendment guaranteeing equal rights between men and women in all things? Like, should there be an amendment denying gays the right to marry? (That would be the proposed Federal Marriage Amendment.)
See, an amendment to the Constitution is a valuable, powerful instrument in national law. It should not be treated as just another ornament on the Christmas tree, especially when new laws passed by Congress or the state houses can address and remedy (we can hope) an issue more speedily and efficiently than yet another constitutional amendment. (Right now, for the record, there are twenty-seven of them.)
So, summing up: You have rights, but so do other Americans. When your rights clash with theirs, a decision has to be made as to who wins.
Sometimes parents, teachers, or police make the decisions; sometimes the whole mess has to go to court. That’s why lawyers make money.
Anyway, read on…The more you know about “rights,” the better off your life will be. In every way.
Handy Rights Check
Before you wage a big battle over what you think is a denial of your rights, ask yourself the following questions:
Does getting my right…
|
Get in someone else’s way? |
[ ] Yes [ ] No |
|
Cause me more trouble than it’s worth? |
[ ] Yes [ ] No |
|
Require a long, drawn-out lawsuit? |
[ ] Yes [ ] No |
|
Matter, really, all that much? |
[ ] Yes [ ] No |
There’s a simple but wise phrase I like a lot: “Don’t sweat the small stuff.” This rights business is for the big stuff. Let go of minor annoyances, like the things you squabble with your brother or sister about and instead fight over the issues that really matter to you.
ASK O’REILLY! (A Special Feature)
You: How old do I have to be to use a gun when I go hunting with my father?
O’Reilly: I dunno.
You: You, uh, dunno?
O’Reilly: No, I don’t.
You: (after a pause) But you just got me to read this book about my rights. Isn’t that a right?
O’Reilly: Could be. Probably is.
You: (mumbling) What a crock…
O’Reilly: Could you speak up?
You: What a crock!
O’Reilly: Not at all.
You: But, but—
O’Reilly: Okay, we’re at a really important place here. Follow me closely. Number one, there are a gazillion different kinds of rights and nonrights because there are a gazillion different laws. (Well, maybe not quite that many.)
You: Then how can I learn them all?
O’Reilly: You can’t. What you learn is, how to find out what they are, and how they work. But there’s something else…Number two, those Founding Father guys in Philadelphia were very suspicious of a big government (like today’s government in Washington). They believed that a lot of laws—a lot of rights—should be decided by the individual state, or even the individual county or city.
You: But I want to go hunting with my father, and I’m only eleven years old.
O’Reilly: Then you better live in a state where the state’s lawmakers have decided that you and your dad have that right. There are fifty states, and each one makes its own laws on many issues that affect you. I’m sure you know from kid gossip that driver’s licenses and drinking laws are handled differently in different states. No book is going to list all of those laws; the length of that list would be about the equivalent of a hundred Harry Potters. Besides, you don’t need to know the hunting laws in Hawaii if you want to go deer hunting in upstate New York.
You: So that’s why you “dunno.”
O’Reilly: You got it. As I said, this is very important to understand. Some laws, like kidnapping laws, are the same for every state; they’re determined by the U.S. Congress in Washington. Many, many more are decided by the lawmakers in state capitals, county courthouses, and city halls.
You: What a mess.
O’Reilly: Can be. But once you understand that point, you’re on your way to understanding where rights come from and just how they work.
I hope you enjoyed the special feature above; there will be more as we go along.
Oh, and one more thing: To know your rights, you have to ask the “right” questions. In your school library there should be books about what the laws are in your state. Want to go hunting? Look up the law. (You can do this on the Internet as well.) Be proactive! That means, be curious and find out what you are legally entitled to do.
One good source is Teen Rights: A Legal Guide for Teens and the Adults in Their Lives, by attorney Traci Truly. In an appendix she lists several basic laws for each of the fifty states, such as the right to have an abortion, minimum age for marriage, and child labor restrictions. I think you’ll be surprised at the differences between the states in regard to such issues.
Anyway, if you research the basic laws affecting young people in your state, you’ll be the smartest kid around!
And despite what some pinheads might say, smart kids are usually admired and respected.
Not a bad thing, kid.
Let’s say that Rufus Blowhard, presidential candidate, loudly proclaims that he’s against the death penalty. Hates it. Won’t ever vote for it. If you agree, should you support him? Let’s also say his opponent, Serena Mellow, fiercely and loudly disagrees with him in every speech, arguing instead that the death penalty should not be abolished, but rather should be extended to cover even more crimes. If you agree, should you vote for her? Before you cast your ballot, consider this:
National law almost never applies to a death sentence. The states make these decisions. Maybe Rufus wants you to think he has a soft side. Maybe Serena wants you to think she’s really tough. Fine in both cases. But some of the most ridiculous people I deal with these days don’t understand this basic fact: The president may be the most powerful man or woman on the planet, but our guys in Philadelphia put limits on the job description. (Again, people won’t agree about the exact nature of those limits, keeping lawyers and judges and spin masters busy.) But just know that our Founding Fathers wanted a president, not a king. Because a king could take away your rights, couldn’t he?…And he did in 1775. That’s why the patriots in America told King George to take a hike, and beat his red-coated army.
No one should be allowed to take away another person’s rights! No one.
AWESOME multiple-choice quiz no. 1
Okay, time to see how much we learned…Select just one answer for each question. No cheating!
- 1. Your rights in America are…
- a. Just like those of a kid your age in China.
- b. Earned by extra homework assignments.
- c. Unique in the world because of the Constitution.
- d. The result of Angelina Jolie’s hard work for you.
- 2. I’m trying in this book to convince you to…
- a. Tell your parents to take a hike.
- b. Learn what your rights are—and are not.
- c. Memorize the Bill of Rights.
- d. Write a letter to your congressman.
- 3. The “Founding Fathers” are known for…
- a. Crafting the U.S. Constitution.
- b. Setting up orphanages after the Civil War.
- c. Banning alcohol at the Constitutional Convention.
- d. Introducing gangsta rap to Massachusetts.
- 4. Every teen in America has the right to…
- a. Get free broadcasts of all pro baseball games.
- b. Get a driver’s license at age sixteen.
- c. Play on the varsity team of his/her favorite sport.
- d. Have a home life free from abuse.
- 5. Your attendance at church, synagogue, or mosque…
- a. Depends upon your feelings in the morning.
- b. Is the choice of your parents.
- c. Should be approved by your guidance counselor.
- d. Is considered a sign of good citizenship.
How’d you do?
Here are the answers:
1. c; 2. b; 3. a; 4. d; 5. b.
Stay alert. I have several more of these multiple-choice opportunities up ahead. What do you win if you answer correctly?
My respect!