opinionator:
I agree with the concept that rights are not granted by the Constitution, that they are instead inalienable, natural rights. But with this being the case, wouldn’t that also mean that they apply to those who are not citizens? I would think so. Just something for the torture advocates to consider.
Northern_Piper:
I have a question for those who say that rights are not granted by the Constitution, but merely recognised.
How do you handle amendments?
The right to own slaves was recognised and protected by the Constitution. Does that mean that the right to own slaves is a natural law right? If not, then doesn’t that mean that up until the 13th amendment, the Constitution granted a right that wasn’t an example of natural law? Or, does that mean that the 13th Amendment is contrary to natural law?
And what about suffrage rights? Black people, women, and those under 21 could not vote under the Constitution as originally enacted; in fact, Dred Scott held that states could not give rights to black people, because they were inherently not equal to white people. So does that mean that it is a principle of natural law that only white men, aged 21 and over, have a right to vote? Or was the Constitution flawed and subsequent amendments now recognise the right of black people, women, and people between 18 and 21 to vote, so that is a natural law right? Or, are those amendments contrary to natural law?
I’ve never seen an answer to either of these questions that doesn’t pretty much admit that they are making it up as they go along, and that the “inalienable rights” are just rights that they really, really, like.
k9bfriender:
I’ve never seen an answer to either of these questions that doesn’t pretty much admit that they are making it up as they go along, and that the “inalienable rights” are just rights that they really, really, like.
The people who say that couldn’t really give a shit about any of the other rights other than guns.
It does appear at least, there is a right of compensation (of the president) stated in the Constitution:
…The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
I’m sure I can dig into it and find other rights granted by the Constitution.
It also guarantees the right to a republican form of government, among other things. But to say the Constitution doesn’t grant rights is merely a matter of philosophical angel-pinning.