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The history of bail bonds can be traced back to English law. Upon independence in 1776, the original colonies enacted bail specific laws which were both woven into the Constitution’s amendments and as stand alone laws.

Many identify the constitution’s eighth amendment as the basis for American bail laws by mandating that excessive bail may not be used to detain defendants who are entitled to bail by law. In addition, the sixth amendment also has implications for bail by guaranteeing that prisoners must be notified that they are in fact eligible for bail by law

The Judiciary Act of 1789 established further legal framework for bail, but did not differentiate between the use of bail before and after conviction. Then in 1946, the Federal Rules of Criminal Procedure clarified that release after conviction pending an appeal or application for certiorari is at the judge’s discretion regardless of the crime.

The first major change in over 200 years occurred in 1966 when The Bail Reform Act put into law .” This law states that defendants of non-capital crimes can be released on their own recognizance or on personal bail prior to trail unless the judge feels the convicted is a flight risk. Basically a judge is asked to select the least detrimental and restrictive measures to assure the defendant will be released and then appear in court. This usually leads to release with conditions such as posting bond, paying bail and restrictions on travel. If a defendant has been charged with a capital offense or has already been convicted and is awaiting sentencing or appeal, they are subject to different standards. The convicted will be released unless the judge feels the person will not return when ordered or is a danger to the community.

The 1966 Act thus created a presumption for releasing a suspect with as little burden as necessary in order to insure his appearance at trial. Appearance of the defendant for trial is the sole standard for weighing bail decision. In noncapital cases, the Act does not permit a judge to consider a suspect’s dangerousness to the community. Only in capital cases or after conviction is the judge authorized to weigh threats to community safety.

While some aspects of bail law have changed over the course of America’s legal system maturation, the right to bail remains intact. Just as in the colonial times, defendants still have access to bail if a judge reasonably expects they will fulfill their obligation to appear in court.

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There has been much discussion in the media and government over the 14th Amendment to the Constitution and the impact it may have on immigration.

Also called the Citizenship or Naturalization Clause and ratified July 9, 1868, it declares: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens in the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The 14th Amendment reversed the Dred Scott vs. Sanford decision of 1857, which prevented any blacks in America from ever becoming legal citizens, with full rights and privileges. The Citizenship Clause effectively forced Southern states to make blacks legal citizens. The decision to ratify the Constitution and successive decisions in the 142 years since have been intricate and divisive. However, people are calling for another look at the amendment because of the ease in which illegal immigrants’ children are becoming citizens and, thus, mouths to feed on the government dole.

In the early years of the twenty-first century, illegal aliens now play a considerable part in states’ current budget crises. The parents take advantage of the welfare state for their new American citizens while paying little to no taxes to support it. California is now threatened with bankruptcy because of such actions.

In addition to California, Texans are also feeling the burden of instant American citizenry. About 60,000 babies are born to illegal immigrants every year in that state, costing the healthcare and education systems billions of dollars. In the face of liberal ire, State Representative Leo Berman (R-Tyler) has promised to bring a bill to the Texas State Legislature that would forbid the state from issuing birth certificates to children born to illegal immigrants.

In 1868, there had been no Great Society. Therefore, exploitation of the welfare state was not at the forefront of the writers’ minds. But now, it’s a significant problem and one that some lawmakers are questioning.

Democrats, who traditionally love unfettered illegal immigration, say conservatives are the bad guys, and that it’s about winning votes in the November election and not about repairing the immigration crisis (although they would never say it’s a crisis). They’re also going back to the old talking point that conservatives care nothing about the children. They can’t just go back onto the streets, they screech self-righteously.

But those of us with common sense know that the federal government and individual states cannot afford to pay for infinite extractions from the welfare state’s funds. American citizens are already tired of having the government’s grubby paws in their pockets, especially with Obama’s misguided policies for “revivifying” the economy. Liberals squawk about the innocent children who deserve to be Americans just because they were born here on our dime. They may be innocent, but their parents are not entitled to free healthcare. They should be deported back to their home country along with their children. However, changes to constitutional amendments are complicated and rather uncommon. Therefore, this is not the last we will hear on the issue. Liberals, take note: If we try to take care of everyone, we’ll soon be taking care of no one.

Rob Stanley is recording artist and creator of Rockanomics.com, a leading online community for conservative news, new music, political opinion, and pop culture interests. Click here for more on this article and to read others like it.