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No clause or amendment grants any right. Rights are explicitly innate to the individual and not granted by or limited to the constitution.
by homonculus1 7y ago
No clause or amendment grants any right. Rights are explicitly innate to the individual and not granted by or limited to the constitution.
- bb88 7y agoAn originalist would point out that the constitution does not grant rights, but merely limits the laws and actions that government can take. Despite what the constitution says, human rights are not self evident, they must in fact be legalized.
- MereInterest 7y agoThis hypothetical originalist would have an interesting time dealing with the ninth amendment, which explicitly states that the Bill of Rights is not a full listing of all human rights. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."