Chris A. Duke
New Member
- Jurisdiction
- California
Is it:
A) Constitutional right
or
B) Constitutionally protected right
A, would imply that rights are granted by the constitution. It would also imply that they are not inherent or unalienable as mentioned in the Declaration which came before the constitution. When someone uses the term constitutional rights, I have to assume that they are referring to civil liberties [privileges] rather than actual rights, since nowhere is it written that government creates rights, or take rights away by vote or legislation, barring consent or criminal act. A government can not create rights. In fact, it gets it's own rights and sovereignty by the consent of the governed. "Nemo plus juris transferre ad alium potest quam ipse habet - No one can transfer to another a larger right than he himself has."
B) Simply stated, Government was created to protect individual rights, and barring consent, must remain under their oath of office, and in so doing, are required to obey the constitution. In essence, it is a restraining order against government trespass, not the origin of rights in America.
Anyway, this has always been a pet peeve of mine. My first day here, and apologize if I've posted this in the wrong place, or if the general consensus of the group is that I'm off topic for this law forum.
A) Constitutional right
or
B) Constitutionally protected right
A, would imply that rights are granted by the constitution. It would also imply that they are not inherent or unalienable as mentioned in the Declaration which came before the constitution. When someone uses the term constitutional rights, I have to assume that they are referring to civil liberties [privileges] rather than actual rights, since nowhere is it written that government creates rights, or take rights away by vote or legislation, barring consent or criminal act. A government can not create rights. In fact, it gets it's own rights and sovereignty by the consent of the governed. "Nemo plus juris transferre ad alium potest quam ipse habet - No one can transfer to another a larger right than he himself has."
B) Simply stated, Government was created to protect individual rights, and barring consent, must remain under their oath of office, and in so doing, are required to obey the constitution. In essence, it is a restraining order against government trespass, not the origin of rights in America.
Anyway, this has always been a pet peeve of mine. My first day here, and apologize if I've posted this in the wrong place, or if the general consensus of the group is that I'm off topic for this law forum.
