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>> Rights, in the US, are not GRANTED by government, they are RECOGNIZED by the US Constitution to exist OUTSIDE OF GOVERNMENT > This is semantically vacuous v
by speedplane 7y ago
>> Rights, in the US, are not GRANTED by government, they are RECOGNIZED by the US Constitution to exist OUTSIDE OF GOVERNMENT
> This is semantically vacuous verbiage. Rights have no meaning unless you have a system of human organization (e.g. a government) that allows those rights to be enforced and respected.
The OP is clearly being sloppy with their word usage (and their all-caps usage), but I think what they may be trying to say is that the constitution generally prohibits the government from doing something, rather than granting an individual the right to do it.
For example, the first amendment doesn't say you have an affirmative right to free speech, just that "Congress shall make no law .. abridging the freedom of speech". Most constitutional "rights" are actually rules prohibiting the government from doing something (e.g., prohibiting unreasonable searches and seizures).
On a practical level, the distinction may seem semantic, but there are important moral implications: all people inherently born free, and government/society restricts that freedom. Some of those restrictions are more acceptable than others, and that's what the constitution tries to delineate. If it was the reverse (i.e., the government granted you rights), then it would imply you were not free to do them in the first place.
Although the two approaches are similar on a practical level, the former approach emphasizes freedom to a greater degree.
- esoterica 7y ago> all people inherently born free All people are born vulnerable to being beaten up and coerced by the guy with the biggest club. There is no "inherent" freedom in nature.
- speedplane 7y ago> All people are born vulnerable to being beaten up and coerced by the guy with the biggest club. There is no "inherent" freedom in nature. Well humans don't live in traditional Darwinian nature, our brains have evolved beyond that. A key distinction between humans and animals is our ability to think and imagine. Freedom, at it's root, is based on the idea that people have an inherent right to "think" and believe. If "thought" is an intrinsic right, then it follows that freedom to think should be protected. It further follows that to protect thought, we need to protect speech, religion, certain aspects of privacy (i.e., you can't freely think if you're constantly being watched). A whole moral code can be built from the basic concept of the right to think.
- robomartin 7y ago> All people are born vulnerable to being beaten up and coerced by the guy with the biggest club. There is no "inherent" freedom in nature. Sure there is! You are not prevented from grabbing a stick and defending yourself by some artifice. You might lose. Or win. And you are free to make that choice. In CA if someone comes at me with a baseball bat and I have two sticks tied together with a short piece of rope to defend myself I can end-up in jail. I once asked a police officer friend (LAPD Commander, actually) what I could legally carry in Los Angeles to defend myself and not get into trouble. He said "your best pair of running shoes". The whole thing is preposterous. What ends-up happening is that lots of people secretly conceal-carry because they don't want to be victims. They do the math and conclude they rather go to jail than be dead. Truly sad.
- cycomanic 7y ago> > All people are born vulnerable to being beaten up and coerced by the guy with the biggest club. There is no "inherent" freedom in nature. > Sure there is! You are not prevented from grabbing a stick and defending yourself by some artifice. You might lose. Or win. And you are free to make that choice. > In CA if someone comes at me with a baseball bat and I have two sticks tied together with a short piece of rope to defend myself I can end-up in jail. I once asked a police officer friend (LAPD Commander, actually) what I could legally carry in Los Angeles to defend myself and not get into trouble. He said "your best pair of running shoes". This is actually very sound advice and what you get told in every reasonable self-defense class. Carrying a weapon around is really more about satisfying some sense of self importance/illusion ("I could heroically defend myself, if I get attacked") than actual self defense. I remember doing that when I was 16 and feeling very tough, I've grown out of it. > The whole thing is preposterous. What ends-up happening is that lots of people secretly conceal-carry because they don't want to be victims. They do the math and conclude they rather go to jail than be dead. Truly sad.
- robomartin 7y agoYour perspective on this is truly twisted. Talk to crime victims and see how many speak about a sense of self importance or some illusion of heroism. I was attacked by a thief with a knife when I was in my 20’s. This shit is real. Don’t generalize it to ascribe some kind of a Hollywood fantasy/caricature and intent.