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Fire Walk With Me

(38,893 posts)
Fri Mar 8, 2013, 09:23 PM Mar 2013

Brennan takes oath on draft Constitution—without Bill of Rights

OccupyHarrisonburg ‏@OccupyHburg

CIA Director John Brennan swears oath on 1787 draft of the Constitution - without the Bill of Rights. Symbolic.... http://fb.me/2rI0H8pUf


http://news.yahoo.com/blogs/ticket/brennan-takes-oath-constitution-without-bill-rights-205110620.html

Earnest said Brennan had asked for a document from the National Archives that would demonstrate the U.S. is a nation of laws.

"Director Brennan told the president that he made the request to the archives because he wanted to reaffirm his commitment to the rule of law as he took the oath of office as director of the CIA,” Earnest said.

The Constitution itself went into effect in 1789. But troublemaking blogger Marcy Wheeler points out that what was missing from the Constitution in 1787 is also quite symbolic: The Bill of Rights, which did not officially go into effect until December 1791 after ratification by states. (Caution: Marcy's post has some strong language.)

That means: No freedom of speech and of the press, no right to bear arms, no Fourth Amendment ban on “unreasonable searches and seizures,” and no right to a jury trial.

(More at the link.)

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Brennan takes oath on draft Constitution—without Bill of Rights (Original Post) Fire Walk With Me Mar 2013 OP
At least this means no 2nd Amendment, so look on the bright side. 99th_Monkey Mar 2013 #1
Freedom of speech, press, etc. all existed before the bill of rights. NYC Liberal Mar 2013 #2
So he should have used a 1791 copy? bonzotex Mar 2013 #3

NYC Liberal

(20,347 posts)
2. Freedom of speech, press, etc. all existed before the bill of rights.
Fri Mar 8, 2013, 11:44 PM
Mar 2013

The bill of rights doesn't "grant" rights; it merely clarifies that the government can't encroach upon them.

So, I don't see the symbolism.

Also, jury trials are guaranteed in the original (pre-Bill of Rights) constitution. Article 2, Section 2:

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

bonzotex

(866 posts)
3. So he should have used a 1791 copy?
Sat Mar 9, 2013, 07:31 AM
Mar 2013

So his oath doesn't count now? Did he have his fingers crossed too? Marcy Wheeler is cool, but she is just being cute and pedantic here.

This is just not significant.

I think it was actually a more appropriate prop than a bible as the special magical totem that makes your Oath "official".

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