[Rushtalk] You don’t have ?Constitutional Rights.? You have Rights.from GOD

Carl Spitzer cwsiv at juno.com
Sun Nov 25 16:54:19 MST 2018

You do not have constitutional rights.

You just have rights.

We hold these truths to be self-evident, that all men are created equal,
that they are endowed by their Creator with certain unalienable Rights,
that among these are Life, Liberty and the pursuit of Happiness

Unalienable: not capable of being repudiated.

You don’t worship as your conscience dictates because the Bill of Rights
says you can. You don’t speak your mind because of a grant from the
government. You don’t defend your life, family and property because the
framers saw fit to write the Second Amendment.

Most Americans hold a seventh grade civics notion that the
Constitution gives us certain rights. In fact, the Bill of Rights merely
sets limits on the federal government, making clear it has no power to
infringe on rights we already naturally possess, or limit traditionally
held privileges, such as trial by jury. Except for a few procedural
rights specifically for the trial process, the Bill of Rights does not
actually bestow rights.

Many framers considered a Bill of Rights unnecessary. They argued that
the nature of the Constitution rendered it redundant. The Constitution
itself only grants the government specified powers. Since the
Constitution extends the federal government no power to establish a
national religion, they argued that it wasn’t necessary to specifically
prohibit it. But others felt it necessary to make explicit certain
government limitations, to better protect the liberties of the people.
The preamble to the Bill of Rights clarifies its purpose..

THE Conventions of a number of the States having at the time of their
adopting the Constitution, expressed a desire, in order to prevent
misconstruction or abuse of its powers, that further declaratory and
restrictive clauses should be added: And as extending the ground of
public confidence in the Government, will best insure the beneficent
ends of its institution.

The first eight amendments making up the Bill of Rights specify rights
and privileges the federal government may not in any way abridge. It
codifies protections of life liberty and property – rights each of us
naturally possess – and enshrines specific privileges in the judicial
system already accepted in Anglo-American law.

Finally, the Ninth Amendment makes the limiting nature of the
Constitution clear.

The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.

The framers wanted to make sure everyone understood that the
Constitution only grants the feds prescribed, specific, enumerated
powers. The Ninth Amendment infers the corollary to this truth. The
federal government may not exercise any powers not granted. And it makes
clear that the few rights specifically highlighted in the Bill of Rights
do not count as an all-inclusive list. The federal government cannot
exercise ANY powers other than those granted.

Who possesses all other powers? The states and the people.

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. – Tenth Amendment

It is important to understand that the Constitution does not create
rights for anyone. It simply serves as a grant of power to, and a
blueprint for, the structure of the federal government. The rights of
the people existed before the founding of the United States.  The Bill
of Rights clarifies limits on the power of the federal government. It
declares “We, the people, retain our rights,” and prescribes that the
creation of the federal government in no way limits the sovereignty of
the states except where specified.

This may seem like an exercise in semantics, but the subtle difference
in the actual intent of the Bill of Rights and the common notion that it
serves as the source of rights is extremely important.

For if a government can bestow rights, a government can take them away.
The Constitution was never intended to give government that kind of
power. It was framed in a way to keep government from ever exercising
that kind of power.

“It is the proper object of a written constitution not only to restrain
the several branches of the government, viz. the legislative, executive
and judiciary departments, within their proper limits, respectively, but
to prohibit the branches, united, from any attempt to invade that
portion of the sovereign power which the people have not delegated to
their public functionaries and agents, but have reserved, unalienably,
to themselves “ – St. George Tucker, early American constitutional
scholar and legal professor.



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