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jody's Journal
Posted by jody in General Discussion
Fri Feb 18th 2011, 05:18 PM
confuses a “natural, inherent, inalienable/unalienable right” with privileges granted by government.

One class of rights are enumerated in our Constitution or, are unenumerated but covered by the Ninth Amendment.

Our Constitution obligates government to protect those rights when exercised by a minority of one against the tyranny of a simple majority vote among elected representatives, a true democracy, or against the power of a rogue president.

SCOTUS says about enumerated rights, “We look to this because it has always been widely understood that the Second Amendment, like the First and Fourth Amendments, codified a pre-existing right. . . . As we said in United States v. Cruikshank, 92 U. S. 542, 553 (1876), ’{t}his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence.’

The majority and minority in that SCOTUS decision both cited constitutions written before our Constitution and Bill of Rights in which states acknowledged those pre-existing rights and which could not be given away to federal government at any time. See PA (1776) "That all men are born equally free and independent, and have certain natural, inherent and inalienable rights" and VT (1777) "THAT all men are born equally free and independent, and have certain natural, inherent and unalienable rights".

Contrast those rights with privileges granted by government whether by majority vote in congress or an executive order by a president.

Government has the authority to grant privileges under our Constitution by a simple majority vote but it also can use its authority to take away those privileges.

Government may infringe upon but not prohibit, enumerated and unenumerated rights our government is obligated to protect under our Constitution.
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