The US bill of rights doesnt define the rights. The bill of rights calls out special rights that the govt shall not touch.
The rights are granted to us by our creator aka natural law. The same law used to declare our independence from the crown and an inherent part of the fabric of the US.
Unless you live within 100 miles of the border. Or happen to be carrying too much cash, according to the authority you’re dealing with. Or are dealing with a FISA court. There’s so many exceptions that it’s naive to think the bill of rights is some kind of magic document. The only right left relatively intact is freedom of speech.
The interesting part to me is the lack of a constitutional amendment granting the govt these powers. The only reason the govt has these powers is we let them. Constitutionally they dont have a leg to stand on.
The Constitution and Declaration of Independence are legal documents setting out the foundations of a government and a nationstate, not some divine text from a higher power. The founding fathers were not a group of infallible prophets.
That’s not what geggam is saying. The underlying philosophy of the Bill of Rights as stated by the founders/framers is that the rights are “natural” rights which all are imbued at birth, and that the rights listed are not exhaustive but merely representative. In fact, the founders were wary of a Bill of Rights specifically because by enumerating some of them the list might be seen as complete.
But the notion is that governments do not “grant” these rights, and likewise government can never infringe upon god given rights.
In fact, the founders were wary of a Bill of Rights specifically because by enumerating some of them the list might be seen as complete.
Right, which is why we have the 9th and 10th amendments. Unfortunately they are effectively ignored, along with the Enumerated Powers clause, meaning our government effectively has unlimited power. :-(
No, they weren't infallible. They were however, experienced in human nature and saw tyranny/ death in ways you only imagine.
Ignoring that experience dooms us to repeat the problems.
Assuming your intellect is superior to that which you cannot measure is also a common failure among smart folks. I am sure you dont fall prey to that trap.
Not really -- your bill of rights can explicitly say that it does not cancel out other rights that it did not mention. That's the purpose of the 11th Amendment to the United States constitution.
NZ Bill of Rights Act 1990, s28: "An existing right or freedom shall not be held to be abrogated or restricted by reason only that the right or freedom is not included in this Bill of Rights or is included only in part." [1]
The rights are granted to us by our creator aka natural law. The same law used to declare our independence from the crown and an inherent part of the fabric of the US.
Not sure if this is clearly stated yet.