Richard Stevens and 'Our Blessed Bill of Rights'

FEATURE STORY

Richard Stevens and ‘Our Blessed Bill of Rights’

By Dennis Durband
June 24, 2005

An 85-year-old woman is patted down at the airport. What’s wrong with that, asks Richard Stevens, an attorney and expert on the Bill of Rights.

Stevens said, “It bothers my Bill of Rights funny bone when I hear excuses for that. People say ‘they can search me, I’ve done nothing wrong!’”

During his speech, “Our Blessed Bill of Rights,” at the recent Arizona Republican Assembly state convention, Stevens warned people against too easily surrendering the freedoms guaranteed by the Bill of Rights. He cited the Patriot Act as a threat to Bill of Rights protections.

Under the controversial provisions of the Patriot Act, people can be asked about -- or arrested – because of the books they checked out of the library, Stevens said. He gave a hypothetical example of an “innocent” girl who was arrested for checking out a book on Osama bin Laden from her local public library. She was denied legal counsel and due process. Stevens said he tells this story to K-12 kids and they are able to identify the Bill of Rights violations in his story.

“There is a case now where a man who did something similar to this is now under federal indictment for a baseless charge,” Stevens says. “This is not the time if you are innocent and have nothing to hide and be afraid of. The entry level cost of criminal defense is $5,000. We understand the Constitution and the Bill of Rights but we need to be on the lookout when our ox is not being gored.”

The Patriot Act is only one threat to our freedoms, Stevens said.

“The government held that a girl could not sing a religious song in a talent show,” Stevens said. “A federal judge said it’s illegal. The Constitution says you can’t restrain religion. It’s on all sides of us. We are not questioning restrictions. A librarian stood up to the FBI on who checked out the OBL book; you have a right to read.”

The Bill of Rights was enacted in 1791 when the United States was in its most precarious situation. It could have been conquered by England to the north or by Spain to the south. Nevertheless, the people cherished their Bill of Rights. More importantly, they were not willing to give up their rights under threats then. Eighteenth-century Americans said they would not adopt the Constitution without a Bill of Rights. They wanted to hold government accountable, not to roll over and submit. They wanted it in writing and they got it in writing.

Stevens stresses the point that the Bill of Rights is not a collection of individuals’ rights, but a document.

“Don’t read those rights in any way that damages the rights of the people,” Stevens said.

“A free person has a right to hide everything. That’s freedom. The government is a servant. You don’t have to tell a servant where you go. The BOR is a single document, not a unit. Never assume government agents and officials are looking out for your best interests. They get promoted by statistics, not for peace and harmony. Their incentives are different from the average person.”

Stevens concluded his remarks by citing one of Benjamin Franklin’s most notable quotes.

At the close of the Constitutional Convention in Philadelphia on September 18, 1787, a citizen named Mrs. Powel anxiously awaited the results. As Mr. Franklin emerged from the proceedings, she asked him, "Well Doctor, what have we got, a republic or a monarchy?"

"A republic if you can keep it" responded Franklin.

The implications of Franklin’s famous remark indicated that America’s leaders had opted for representative government as opposed to pure democracy in which majority rules. The Founding Fathers had overthrown the British monarchy, a form of government that was out of the question. Later came the Bill of Rights, further erecting a protection against government intrusion on the people.