You do not have constitutional rights.
You just have rights.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness
Unalienable: not capable of being repudiated.
You don’t worship as your conscience dictates because the Bill of Rights says you can. You don’t speak your mind because of a grant from the government. You don’t defend your life, family and property because the framers saw fit to write the Second Amendment.
Most Americans hold a seventh grade civics notion that the Constitution gives us certain rights. In fact, the Bill of Rights merely sets limits on the federal government, making clear it has no power to infringe on rights we already naturally possess, or limit traditionally held privileges, such as trial by jury. Except for a few procedural rights specifically for the trial process, the Bill of Rights does not actually bestow rights.
Many framers considered a Bill of Rights unnecessary. They argued that the nature of the Constitution rendered it redundant. The Constitution itself only grants the government specified powers. Since the Constitution extends the federal government no power to establish a national religion, they argued that it wasn’t necessary to specifically prohibit it. But others felt it necessary to make explicit certain government limitations, to better protect the liberties of the people. The preamble to the Bill of Rights clarifies its purpose.
THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.
The first eight amendments making up the Bill of Rights specify rights and privileges the federal government may not in any way abridge. It codifies protections of life liberty and property – rights each of us naturally possess – and enshrines specific privileges in the judicial system already accepted in Anglo-American law.
Finally, the Ninth Amendment makes the limiting nature of the Constitution clear.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The framers wanted to make sure everyone understood that the Constitution only grants the feds prescribed, specific, enumerated powers. The Ninth Amendment infers the corollary to this truth. The federal government may not exercise any powers not granted. And it makes clear that the few rights specifically highlighted in the Bill of Rights do not count as an all-inclusive list. The federal government cannot exercise ANY powers other than those granted.
Who possesses all other powers? The states and the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. – Tenth Amendment
It is important to understand that the Constitution does not create rights for the states or the people. It simply serves as a grant of power to, and a blueprint for, the structure of the federal government. The rights of the states and the people existed before the founding of the United States. The Bill of Rights clarifies limits on the power of the federal government. It declares “We, the people, retain our rights,” and prescribes that the creation of the federal government in no way limits the sovereignty of the states except where specified.
This may seem like an exercise in semantics, but the subtle difference in the actual intent of the Bill of Rights and the common notion that it serves as the source of rights is extremely important.
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For if a government can bestow rights, a government can take them away. The Constitution was never intended to give government that kind of power. It was framed in a way to keep government from ever exercising that kind of power.
“It is the proper object of a written constitution no only to restrain the several branches of the government, viz. the legislative, executive and judiciary departments, within their proper limits, respectively, but to prohibit the branches, united, from any attempt to invade that portion of the sovereign power which the people have not delegated to their public functionaries and agents, but have reserved, unalienably, to themselves. “ – St. George Tucker, early American constitutional scholar and legal professor.
You are so correct Mike, thank you, thank you, thank you.
This is fantastic I hope more will really get this because it is what I found and some times I have felt like the lone ranger but you just made my whole day, HECK YA!!!
You wrote: “Most Americans hold a seventh grade civics notion that the Constitution gives us certain rights.”
I think you are being too kind!
@AnonymousPress Your last Tweet is a violation of #SOPA.
Thank you so much for spelling this out. I feel like I just moved up a few grade levels in my understanding of the Constitution! I’ve never heard the intent of the Bill of Rights explained like this before. It changes everything.
I’m glad it makes sense to you! @EulaMcLeod
@AnonymousPress Call Obama ask him to Veto The National Defense Authorization Act
PHONE #202-456-1111/202-456-1414
If it helps, think of the Constitution as a Limited Power of Attorney. If you give another party the authority to sell your car that doesn’t mean they can take out a loan on your house.
Someone said at work today that the US government, our state government and local governments are all corporations and are NOT the constitued governments we think they are. Is this true? If so, it answers a lot of things that have been puzzling me.
@Vic 1302
Vic, this is a very good question to find the answer to because your eyes will open. If you measure it from Results what are they today? What are the results of top corporate groups? Debt, this signature is loud as it is resinates a tie between the two.
When corporate cannot facilitate enough debt on its own accord it does what? Gets another group to facilitate it for them at your expense thus the enormous debt level.
What is the biggest product of corporate across the entire globe? Debt, seeing the connection between corporate and Governments? The Global Corporations are making this very obvious today because they do not care what we think. There ideology of money is power is its own signature isn’t it? It is funny they attempt to represent it as profit while facilitating debt and all acts and all results are what, the truth? Isn’t Debt their real profit in leaps and bounds?
Some questions should definitely be answered.
I think I have to share this post so that more people will be aware of this…
To Vic 1302,…
“…the US government, our state government and local governments are all corporations…”
Well, yes they are corporations, but, so what, they also may not violate or contradict the constitution, and they don’t, in that the Codes and Statutes they consist of never say a human must or must not do this or that, it is always an artificial entity such as operator, driver, or person stated in the Code.
The term person is an artificial entity as is the corporation. “Taxpayer”, “citizen”, “driver”, “operator”, “partner”, “president”, “secretary”, “employee”, etc., are all officers of a corporation whether that corporation is the Federal government, State government, or any other company or entity with which you have shared your SSN.
A person can be required to comply (if you agree to define yourself as a “person”, “taxpayer”, “U.S. person”, “employee”, etc.) but a human man or woman cannot be compelled, otherwise the gov’t entity is violating the 13th Am. prohibition against Involuntary Servitude.
The Codes create non-constitutional entities (as in “outside” of the constitution) and are not directly violating the constitution if the humans agree or act as if they are “persons”/artificial entities which ARE subject to the Codes.
I am not a person as the term “person” is defined in the Code. Are you????
Geoff
@jeff1950
Actually Geoff you are very correct and there is only one word I would work to clear up and that is human because it is far more appropriate to look at you as life and does the exact same thing but shines a brighter light on the destination being achieved. The Declaration of Independence speaks of you as life specific and this should be taken literally for which to decide from.
So I am life are you?
@WilliamSchooler@jeff1950
I’m a free-roaming inhabitant of the North American continent…..
@Padre of Lakeland@jeff1950
Yes you are and I am a Producing American of the North American continent and with that, above all I am life, working on the acts of Liberty in pursuit of fantastic achievement to sustain life based on principals that fully support such an effort. Thanks Padre.
Constitution for the united states of America
Section 3, Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
If you look at your ticket, summons, charges, etc., you will see your opponent listed as “The State of _______”. This is the corporate body.
Now the Supreme Court has ruled that corporations are persons. Due process is denied if you can’t face your accuser. Demand that the State of __________ appears in court and then, when he/she/it does not appear, demand dismissal for lack of jurisdiction and failure of due process. Remember that AGENTS can’t appear for principals. You have a right to challenge your accuser. Make sure the judge has an oath of office on file. Require that it be entered into the record (either physically or sworn under oath by the judge in open court.).
The purpose of this common-law right was to prevent government from inventing crimes to steal the life, liberty and property of the people anytime they choose to do so. This is the primary purpose of any government agency that purports to be engaging in a “War on [concepts]” as opposed to nations.
To jeff1950
Thank you for your answer to my question, it has helped me to come to an understanding of information I’ve been exposed to sporadically for several years. I certainly won’t be volunteering in the future and I’ll be working to clean up my act.
THANK YOU. Please repost this once a week. Seriously. Oh, and that we are a Republic and not a Democracy!
THANK YOU. Please repost this once a week. Seriously. Oh, and that we are a Republic and not a Democracy!
Check out dean clifford
Check out dean clifford
Well said!
Thus the Bill of Rights, and they are endowed by our Creator, not man.
GOD given rights =D Amen!
The so called Bill of Rights was a huge mistake. Our “Rights” are not derived from the Constitution. Our “Rights” are natural Rights, given to us by God.
The “Bill of Rights” should have been named “The Government Cannot Do” list or the “Government is Forbidden to DO” list. It is a list of what the Government cannot do. It does not confer upon us Rights we all ready posess, like speech, religion, keep&bear arms, protection from searches & self incrimination, etc.
The Constitution specifically was purposed to design a LIMITED government that had no powers beyond those specifically enumerated within Article 1 Section 8. All other powers, rights, entitlements, etc were retained by the people and the states. They were not the perview of the Federal Government.
So, the “Bill of Rights” does not confer rights by the government upon the citizens of America. It just reminds the government that it has no powers in the areas specified.
Exactly. The Constitution does not “give rights”. It was written to “protect” your natural rights by LIMITING the powers of the federal government. The people of the states “created” the federal government and entered into a contract with them. If the federal government at anytime violates that contract, the states are free to abolish that contract AND the government. Our natural rights come from NO man, and NO state. They come from God and nature. The Founders understood that if your rights came from the king or the state, then the king or the state can take them away, meaning that they were mere “privileges”, and not “rights.”
Specifically, it was Alexander Hamilton who argued in The Federalist No. 84, that there was no need for a Bill of Rights. He argued that the Constitution itself is a “bill of rights”. Furthermore, he understood that “men disposed to usurp” (lawbreakers) would use the Bill of Rights to expand their powers, and that Madison should not include in the Constitution itself the ability to amend it. That alone is argument that the Constitution is NOT a “living document”, but it was meant to be fixed, and amending the Constitution does not mean allowing for the expansion of federal government powers. Yet we see in later Amendments, the phrase “Congress shall have power to enforce this article by appropriate legislation.” It is also an argument that an amendment is not necessarily “constitutional” if it violates the LIMIT of power the Constitution gives Congress, the Executive, and the Judicial branches.
Interesting. This would mean that other people in other countries have the same rights we have because their rights came from God also. It would also mean we Americans have a DUTY to recognize THEIR God given rights as equal to our own. Even if we don’t agree with their politics.
@Frances, true, but they live in countries with an oppressing State which does not recognize their God-given rights. We offer the light of Liberty, to which they can escape, or by which they can be inspired to overthrow and recreate their governments. But to take an active role in overthrowing their governments is not in our purview. Our responsibility is to take back our freedoms from our government who has arrogated to itself unconstitutional powers.
I can’t stand when people say the 2nd amendment gives me the right to own a gun. I say, BS. I have a natural right to the means of defense justly acquired. And I don’t trust the federal government to “protect” these rights and therefore interpret them. The US Bill of Rights were to be a strict limitation upon federal power. I will deal with my local or state governments accordingly.
To differentiate from other types of rights, we do. I get your gist, but we most certainly have Constitutional rights. That they don’t derive FROM the Constitution doesnt make them “not” Constitutional rights. When they’re violated, ya don’t scream “They’re violating my God-given rights!!”
Constitutional rights, no matter the derivation, are specifically enumerated in the Constitution….and those you have now can be removed through proper Amendment.
Wrongo Eric. Natural Rights (or God given Rights supercede ANY AND ALL LEGISLATION. We don’t have Rights because man made laws, we have laws because man has natural, unalienable Rights that are supposed to be GUARANTEED by the Constitution.
Just look and see what George carlin thinks about “god given rights”
There is no “god”. Rights are naturally endowed in us humans because we are humans.
It was so much simpler the way the post said it, no need to explain further (or sing to the choir).
This is a great article but I have to take issue with this, “The rights of the states and the people existed before the founding of the United States.”
States do not have rights. Only individuals have rights.
The use of the word “rights” in regards to states has nothing to do with Lockean natural rights, Blount County Libertarian Party. Unless, of course, you disagree with Thomas Jefferson who commonly referred to “state rights” in his works!
But, we do understand the reason for making that statement, as people are often confused by it.
I agree with the premise! I have always asked people a trick question: “exactly how many rights does the constitution give you?” Of course, the answer is ZERO! It is, however, fair to say we have “constitutionally guaranteed rights.” since that is the reason for writing the constitution. It drives me INSANE to hear people refer to their “…second amendment rights,” when if fact the correct thing to say would be say my “…second amendment guaranteed” rights.
Might want to re-educate the World Order Government about those individual rights….try convincing Islam …. Since certain US government officials seem to not only neglect to embrace our own constitution what makes you think they will?Oh what a tangle web that has been made a mess of and just look at the size of that spider….and to think our people see no need to vote or get involved in saving our rights…well what few that are left to save…to not see that is taught in our schools and enforced is our down fall even now….
Just because you don’t have most of ‘em anymore doesn’t mean that they don’t exist. It simply means that some other entity has STOLEN them from you… or most likely you’ve just given them away. Anytbody here paid a seat belt fine lately? I’m not sayin’ that you shouldn’t wear a seatbelt, it’s the smart thing to do BUT where in ANY document: the State Constitution, the Federal Constitution or anything pertaining to them did “We the People” give the government, any government, the authority to protect us from ourselves? And what kind of an incompetent idiot would assign that power to ANYONE?
Just as an example.
I must be really lucky! I had this stuff in ninth grade cívics, in 1957. I also had this in Political Science in College in 1963. Once again, I studied this in Constitutional Law in law school in 1973. Our constitution merely states that our rights come from God, not man. The constitution is only for a moral people who believe in God. Non-God-fearing people will not be governed by the constitution!
@Lee Akers
I would not be going over the top with that statement because there are plenty of God fearing people who have not applied or stood up for this Constitution. Its lame to say and you have no authority but that of your own so please.
And please don’t glamorize education this way either because there are many college Graduates and god fearing running this country into the ground. I know several who have swore civics anything and they suck at it.
The best thing we can look at is the Declaration of Independence because it covers all we are and I am sure of God as well life which is able to decide based entirely upon itself should we understand us as life. Something none will be able to take away, that self determination residing in us all. With or with out God will make it no less powerful because nothing we have done resides without choice, the self determination of all things.
Does anyone here understand that those currently occupying the three branches of our government are required to take Oaths? The three branches of our government, the military, all law enforcement, the heads of the States, all federal employees are required to take an Oath to support and defend the Constitution and not an individual leader, ruler, office, or entity. The POTUS swears to “preserve, protect and defend the Constitution of the United States.” That once given, the Oath is binding for life, unless renounced, refused, and abjured. It does not cease upon the occasions of leaving office or of discharge.
That if they refuse to take the Oath they cannot take the office/position. The wording of the POTUS Oath was already established in the Constitution in Article II, Section 1, Clause 10. The requirement for all other Federal and State Civil officers to give their solemn and binding Oath is established in Article VI, Section 1, Clause 4. They are BOUND by their Oath to support the Constitution, and should they abrogate their Oath by their acts or by their inaction, are subject to charges of impeachment …
They have NOT kept the Oath in either of the three branches which means they are; currently occupying the position/office illegally (required to keep the Oath) and impeachable, arrestable, prosecutable.
They are domestic enemies of the USA: “Domestic enemies pursue legislation, programs against the powers of the US Constitution. They work on destroying and weakening the Rights of the People guaranteed by the Constitution. Plus they create laws, amendments, etc that goes against the restraint on the three branches of our government by the Constitution. O. Ellsworth, Connecticut Convention, stated clearly: “This Constitution defines the extent of the powers of the general government. If the general legislature, Congress should at any time overleap their limits, if the United States go beyond their powers, if they make a law which the Constitution does not authorize, it is void”.
The Supreme Court said: The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism.” The Supreme Court of the United States
It has been extremely eye-opening to learn about the government use of franchises. It explains so much that had been puzzling and dismaying me for years. So much is getting clearer.
The title of this article says it all in more ways than one.
I truly hope that I’m not overstepping here, but my concern at the recent action of congress and the president so upsets and enrages me that I’m willing to post this here and hope that I’m not being irresponsible. The recent passage of the NDAA including the ability to use military forces to police and arrest American Citizens is the most egregious overstepping of the Federal Government yet. Big Brother is right on the heels of this legislation. And NOW Congress is set to pass a bill commonly known as SOPA that will give the government the ability to police the Internet and stop any communication the deem as Un-American or even just anti-Democrat/Obama. We MUST do something NOW!
For some reason I can’t paste my link here. Please go to: change.org/petitions/your-bill-of-rights-may-be-void copy and paste it into your browser. The NDAA section 1031 has to be repealed.
The Founders should have included a required class for all schools in the Constitution. A class with a curriculum that could never be changed which teaches the true meaning of each passage, and amendment of the Constitution. A class that teaches citizens how to spot corruption, and manipulation of the document.
Thestew.info
Thestew.info….it’s a place where you can go to talk about what matters
Please join us when you can bill stewart
@Stewbill Could you spam your site here a few more times. We didn’t get the site name. It’s thebeefspamstew.tardo? Right?
@Admiral America the fed gov was not granted the power to impose public education and compulsory schooling the way i read the Constitution. I don’t see that in there.
@dw650 @Admiral America Exactly. They are way over stepping the boundry’s delineated for that branch by the US Constitution.
“God provided that in this land of liberty, our political allegiance shall run not to individuals, that is, to government officials, no matter how great or how small they may be. Under His plan our allegiance and the only allegiance we owe as citizens or denizens of the United States, runs to our inspired Constitution which God himself set up. So runs the oath of office of those who participate in government. A certain loyalty we do owe to the office which a man holds, but even here we owe just by reason of our citizenship, no loyalty to the man himself. In other countries it is to the individual that allegiance runs. This principle of allegiance to the Constitution is basic to our freedom. It is one of the great principles that distinguishes this “land of liberty” from other countries”. JR Clark
“Under the American Constitution a new structure of government was established on a much higher plane than either the parliamentary system or the confederation of states. It was a people’s constitutional republic, where a certain amount of power was delegated to the states and a certain amount was delegated to the national government. There was a small dimension of power which they shared jointly. All other power was retained by the people. It is the delegation by the people of certain powers to the states and certain powers to the national government which we call ‘dual federalism.’” W. Cleon Skousen, The Making of America
Plus remember all the power they have comes ONLY from the US Constitution – if it does not say it was there then it is illegally taken power.
“A constitution is not the act of a government, but of a people constituting a government; and government without a constitution is power without a right. All power exercised over a nation, must have some beginning. It must be either delegated, or assumed. There are not other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either.” Thomas Paine
“The way to have good and safe government, is not to trust it all to one, but to divide it among the many, distributing to every one exactly the functions he is competent to.
Let the national government be entrusted with the defense of the nation, and its foreign and federal relations; the State governments with the civil rights, law, police, and administration of what concerns the State generally; the counties with the local concerns of the counties, and each ward direct the interests within itself. It is by dividing and subdividing these republics from the great national one down through all its subordinations, until it ends in the administration of every man’s farm by himself; by placing under every one what his own eye may superintend, that all will be done for the best.
What has destroyed liberty and the rights of man in every government which has ever existed under the sun? The generalizing and concentrating all cares and powers into one body.” Thomas Jefferson, letter to Joseph C. Cabell
No one gave the legislative branch the power to do many of the things they have done. But “We the People” let them get away with it. We even let them “dumb” down education so that the people would not even KNOW if what actions were being taken by those in office were legal or illegal. That is why I believe they took over education, and mainstream media of ALL types: news, music, movies, you name it…
Bad information lets them get by with lies. All the power comes from the Constitution which the states created. Take charge of your state representatives. Nullify or ban everything you can get passed. If you ahve not agreed to a different government then our Constitutional Republic then you are defending your legitimate government from attack from Domestic Enemies. FBI USED to have this definition on their website a few years ago:
“Domestic enemies pursue legislation, programs against the powers of the US Constitution. They work on destroying and weakening the Rights of the People guaranteed by the Constitution. Plus they create laws, amendments, Bills, etc that goes against the restraint on the three branches of our government by the Constitution”.
I put the “etc” to include executive orders and who knows what they will come up with.
good article. It’s a relief that the actual and correctly understood meaning behind the Constitution and the Bill of Rights is becoming less ‘fringe’. Most people think it’s a conspiracy theory when you just try to explain to them what is going on in reality, that the Constitution is a compact, which is a kind of contract. The Bill is a bill because the anti-federalists (Mason, Jefferson, Henry/ see Patrick Henrys speeches to the Virginia Convention) had little confidence in a centralized government, and wanted to make sure that they werent signing away their rights if they were going to go to work for this new fed gov. It was ‘sending them a bill,’ , as in ‘you owe us this’; ‘you owe us not to take away these God given rights just because we are going to work for you.’It was never meant to apply to the people in the states who were state citizens, because the fed gov had no jurisdiction over them until the 14th amendment, and the creation of the United States citizen. (see Padleford case/ and Barron v. Baltimore). The Constitution is a contract, and we are not party to it it’s not our rule book, it’s the employees of the fed gov. rule book. The trick was that we all become officers of the state as United States citizens, the creation of which was never the intention of the founding fathers. (see Incorporation doctrine)the article is correct; we don’t need any authority besides God to bestow us our rights, period. end of story.