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"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 the

"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. -- That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed" -- The Declaration of Independence In an American context, human rights are often thought as coming from a God or Creator. They are either preserved or infringed upon by the state, but aren't granted by the state. As a practical matter, just government is required to safeguard those rights.

azernik 11y ago
That's the Declaration of Independence, which is a purely rhetorical document. The Constitution itself justifies itself very differently: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." And the Fourth Amendment itself, which enumerates the right at stake, specifically talks about "reasonable": "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." They might talk about "natural" rights in grade school, but that is not the reasoning that the legal system was ever buillt (not even in the 1790s!) to operate on.