Governments don't have rights, they have duties. People have rights. On Independence Day, we must always continue to be wary of those enamored with the efficiency of executive power. Our concept of government is one of service, not rulership.
Governments don't have rights, they have duties. People have rights. On Independence Day, we must always continue to be wary of those enamored with the efficiency of executive power. Our concept of government is one of service, not rulership.
It's wording: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex...." The amendment assumes the right always existed; now that it is acknowledged, government must recognize/enforce it.
It's wording: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex...." The amendment assumes the right always existed; now that it is acknowledged, government must recognize/enforce it.
The wording in the Constitution affirms the underlying assumption that rights exist, and government is compelled to recognize them. The 19th Amendment is an example that the Constitution does not confer rights.
The wording in the Constitution affirms the underlying assumption that rights exist, and government is compelled to recognize them. The 19th Amendment is an example that the Constitution does not confer rights.
The Bill of Rights and the Constitution were assumed to only apply to the national government until the end of the Civil War. The 14th Amendment applied the Federal Constitution's list of rights to the states; we have applied that through the courts in myriad ways since.
The Bill of Rights and the Constitution were assumed to only apply to the national government until the end of the Civil War. The 14th Amendment applied the Federal Constitution's list of rights to the states; we have applied that through the courts in myriad ways since.
The 9th Amendment acts as an insurance policy, declaring that the list may not be definitive, so other rights can be assumed to exist. The 10th is about power, & the assumption that powers not already delegated to the national government belong to the states or people.
The 9th Amendment acts as an insurance policy, declaring that the list may not be definitive, so other rights can be assumed to exist. The 10th is about power, & the assumption that powers not already delegated to the national government belong to the states or people.
The first 8 Amendments name as many of the rights that could be thought of at the time. But, they are expressed on the one hand as specific restraints on the government, and on the other as rights the government is responsible for preserving and protecting.
The first 8 Amendments name as many of the rights that could be thought of at the time. But, they are expressed on the one hand as specific restraints on the government, and on the other as rights the government is responsible for preserving and protecting.
He collected over 200 proposals from across the states, narrowed them to 17 amendments, of which 12 were passed by 2/3 of each house of Congress. Ten were ratified by the states (and another one of the 12 became our 27th Amendment 200 years later).
He collected over 200 proposals from across the states, narrowed them to 17 amendments, of which 12 were passed by 2/3 of each house of Congress. Ten were ratified by the states (and another one of the 12 became our 27th Amendment 200 years later).
The Bill of Rights was not authored by the Framers at the convention, but by the first Congress, under the ironic guidance of the Bill of Right's most vehement and vociferous opponent, James Madison.
The Bill of Rights was not authored by the Framers at the convention, but by the first Congress, under the ironic guidance of the Bill of Right's most vehement and vociferous opponent, James Madison.
It also divides those same separated powers in important ways between the national government's responsibilities and to the states for what the federal government is not recognized to be able to do.
It also divides those same separated powers in important ways between the national government's responsibilities and to the states for what the federal government is not recognized to be able to do.
legislative - crafting laws deliberatively,
executive - carrying out and enforcing those laws, and
judicial - carrying out trials and interpreting laws and activities as to their adherence to the Constitution.
legislative - crafting laws deliberatively,
executive - carrying out and enforcing those laws, and
judicial - carrying out trials and interpreting laws and activities as to their adherence to the Constitution.
It assumes government has responsibilities, and it draws out the contours of the powers government has to carry out its responsibilities. Its structure intentionally separates the fundamental powers of government:
It assumes government has responsibilities, and it draws out the contours of the powers government has to carry out its responsibilities. Its structure intentionally separates the fundamental powers of government:
Government is duty-bound to recognize, adhere to, and enforce those rights when necessary. As such, the Constitution is a restraint on governmental power more than anything else.
Government is duty-bound to recognize, adhere to, and enforce those rights when necessary. As such, the Constitution is a restraint on governmental power more than anything else.
Any Constitution is an architecture for government. It is a mistake to state that our rights are "from" the Constitution.
The US Constitution does not confer rights. Rather, it assumes all people have rights that cannot be arbitrarily violated.
Any Constitution is an architecture for government. It is a mistake to state that our rights are "from" the Constitution.
The US Constitution does not confer rights. Rather, it assumes all people have rights that cannot be arbitrarily violated.
The Preamble to the Constitution confirms that our government is born of the people it serves, and its power emanates from its people. The Preamble lists the government's responsibilities - what it must do and what ends it must serve.
The Preamble to the Constitution confirms that our government is born of the people it serves, and its power emanates from its people. The Preamble lists the government's responsibilities - what it must do and what ends it must serve.
Through such claims, the Declaration justified the revolution: a government that did not acknowledge its people's rights unjustly held the people's power, and was thus invalid. To that end, a political separation by force was justified - and necessary.
Through such claims, the Declaration justified the revolution: a government that did not acknowledge its people's rights unjustly held the people's power, and was thus invalid. To that end, a political separation by force was justified - and necessary.
According to Locke, all people have the same natural rights by virtue of being born, and governments can only behave in ways that acknowledge those rights for anyone under their governing jurisdiction.
According to Locke, all people have the same natural rights by virtue of being born, and governments can only behave in ways that acknowledge those rights for anyone under their governing jurisdiction.
Two-thirds of our Declaration of Independence is a set of grievances about British government failing to recognize and behave in accordance to the colonists' natural rights.
Two-thirds of our Declaration of Independence is a set of grievances about British government failing to recognize and behave in accordance to the colonists' natural rights.
But, unfettered government does not need to recognize rights - the government is seen as the source of all rights, and thus can choose to eliminate rights. That flies in the face of our system.
But, unfettered government does not need to recognize rights - the government is seen as the source of all rights, and thus can choose to eliminate rights. That flies in the face of our system.
Diffusing power restrains power, and that is what our system does within the governmental system itself. Yet, humans admire efficiency, and that is why so many admire dictatorship, even when they pay lip service to our system.
Diffusing power restrains power, and that is what our system does within the governmental system itself. Yet, humans admire efficiency, and that is why so many admire dictatorship, even when they pay lip service to our system.