Wednesday, November 4, 2009
Who Decides What Rights We Have?
Due to the failures of government schools combined with a conscious effort by some people to distort the truth, few Americans understand that the US Constitution was established by "we the people," that we granted to the government certain limited powers, and that we retained our rights while delegating a few powers to the government.
Our founding fathers worked under the concept that our rights are inherent and inalienable and come from our "Creator," not from the king, as in most other governments. The US Constitution does not grant rights to us. The Bill of Rights (including the Second Amendment) does not grant us rights. They only clarify that the government is prohibited from infringing on our rights.
Chief among the ignorant on this issue are lawyers, educators, politicians, and journalists -- generally well-educated people who clearly ought to know better.
Not one right is granted by the US Constitution. Not one. The Constitution does nothing more than describe our form of government and delegate to it certain rights and powers from the people.
The Constitution need not list a right in order for that right to exist. It does, however list a few of our rights, such as the right to keep and bear arms, to ensure everyone understands the rules. But, the Constitution does not grant those rights -- it simply guarantees the rights we were born with, and prohibits the government from infringing them.
The founders based the Constitution on the concept that all personal rights exist inherently and are granted by "the Creator" -- not the king. This is opposite to the principle on which most other governments are based where rights are presumed to be gifts from the king (or the government). Only in those other governments are the rights of the people restricted to those that are listed.
For example, the right to drive a car is in the Constitution is in the 9th (The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.) and 10th (The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.) amendments.
It is not up to the citizen to prove the Constitution grants him a right, but rather up to the state to prove where they were granted a "certain power". Where does one find the "power" of the state to license travel or any mode of travel as regards a private citizen? If you cannot find it there, that means the state is illegally licensing privileges that they have no power to do, but are usurping, illegally, the rights of the citizen.
Licenses and permits turn the Constitution on it's head making the rights of individuals into privileges that flow from the State rather than the other way around. This concept of rights makes many people (most notably, liberals) uncomfortable, since they don't understand it or prefer a system where they can be the king and control every aspect of people's lives.
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