Quantum Windbag
Gold Member
- May 9, 2010
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With all this talk about "natural" rights..I was wondering. What are they?
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The idea behind 'natural' rights (aka inalienable, intrinsic, god-given, etc...) as referenced in the US Constitution was to characterize the kind of rights that government is created to protect. As you may have noticed, "rights" is an overloaded term that refers to many different concepts, so it was necessary to clearly define what they were talking about.
Now, nature (or God, or government, for that matter) doesn't "give" us natural rights. They are a simply a by-product of having volition - the ability to think and choose our own actions. In our natural state as thinking creatures we enjoy perfect freedom to do as we wish unimpeded by other people. Natural rights is just another way to refer to the general concept of social freedom. We create government to protect as much of that freedom as possible.
Obviously, the 'natural' state ends as soon as we have to associate with other people. That's where government comes in. We need government to mediate when our respective 'freedoms' come into conflict. In order to avoid the ugliness of violence every time a dispute can't be resolved, we count on government instead.
The point of this concept, re: the Constitution, isn't to specify a list of rights to protect (natural rights are essentially infinite in number), it's to define the purpose of government - to protect our freedom (inalienable rights).
Based on your posting history I suspect you'll have some difficulty with this concept, but I applaud your efforts. It's an important topic and voters need a clear understanding of it to guide our country.
This depends on what is meant by ‘government.’
If by ‘government’ one is referring to the judiciary, this might be marginally correct in that context only.
Otherwise, no – it’s the natural tendency of government to encroach upon rights, to probe for and exploit weaknesses in the Constitutional edifice. Constitutional case law, therefore, is the bulwark between the excesses of government and the rights of the people.
Huh?
Constitutional case law is a diagram of how the government argues that, because the Constitution makes their job harder, they should be able to ignore it, the judiciary is complicit in this process, not hampering it.
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