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Old 08-30-2019, 05:59 PM
Moriarty's Avatar
Moriarty is offline
Join Date: Jun 2007
Location: Denver, CO, USA
Posts: 2,919
Originally Posted by Abatis View Post
The DoI [Declaration of Independence] is referred to and cited as the foundational principles of the nation and the concept of unalienable rights is the guiding principle as to the recognition of rights and their nature.
Where is it referred to and cited, other than within its own text? The Declaration of Independence does not establish any system of government, and it has no force of law. Yes, it espouses a philosophy of self-government, and you might very well agree with it, but it does nothing to constrain or preserve rights in this country.

Do you really consider it a contested premise that what isn't conferred to the feds by the Constitution is retained by the people or the states?
No, but that's not what you are arguing. Although here you acknowledge the power of the individual states, you've otherwise been arguing about individual rights. Can you see how the Constitution only limited the federal government, and made no guarantees about the rights of individuals in situations where the states denied them?

Remember that it wasn't until the 14th amendment that the courts said that the constitution guaranteed individuals certain liberties and due process even when states denied it. From the founders' perspective, the constitution was no impediment on state power to define or deny rights.

By the Constitution's structure, no governmental agency has any legitimate import on the extent of my rights, only of laws.
Except state governments, right?

Last edited by Moriarty; 08-30-2019 at 06:00 PM.