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American rights aren't presented as rights that the people explicitly have (other than right to life, liberty and pursuit of happiness). Most Americans don't ev
by dgzl 8y ago
American rights aren't presented as rights that the people explicitly have (other than right to life, liberty and pursuit of happiness). Most Americans don't even realize that out Bill of Rights outlines implicit rights for citizens. That is, the laws say "government can make no law regarding this subject". This is important because if the government "gives you rights" then they're not actual rights, they're only temporary privileges that can be removed.
No offense, but if the government of Australia is "giving" you your rights, then you don't actually have them.
- cyphar 8y agoThis is a very strange argument, and is one that a lot of Americans seem to believe. Is this purely because of the wording of the 10th Amendment? The reason I ask is because there isn't (as far as I know) a legal distinction between being given a freedom and there being a restriction such that "Congress shall make no law abridging $some_freedom". To test this theory, consider if there was a new amendment that completely invalidated the bill of rights. Would you still have the same freedoms you have today? Of course not -- so therefore (regardless of the framing) the bill of rights gives you certain rights.