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> There seems to be an ongoing confusion in American political discussions that our rights are derived from the Constitution, but this could not be further from
by johnchristopher 4y ago
> There seems to be an ongoing confusion in American political discussions that our rights are derived from the Constitution, but this could not be further from the truth. The Founding Fathers made it clear that our rights are granted by God (whatever that means to you) and the Constitution is there to limit the powers of the government.
Does the constitution also references a God or is it only in the declaration of independence ?
- bee_rider 4y agoQuick googling seems to indicate no (other than the use of "Year of our Lord," an expression to refer to dates). Apparently all of the state constitutions do, so this was obviously an intentional omission.
- Kye 4y agoNope. The fact that it doesn't when the people who wrote it had some inkling that one existed always seemed like strong evidence to me that they intended to keep government and church from meddling in each other's affairs. It seems like they always intended for us mere mortals (religious or not, and regardless of religion) to be responsible for figuring out right from wrong and making sure the Constitution reflected that evolving understanding.
- junofan 4y agoIt’s founded in natural law, not modern conceptions of positive law. The framers wouldn’t understand why the answer to your question would matter.
- somenameforme 4y agoContrary to many other nations, the Constitution of the US is a rather plain organizational description. There is literally zero ideological, logical, or other sorts of rationale contained. That rationale rests within a number of places including the Declaration of Independence and in the rather extensive writings of the Founding Fathers, who notably made many statements such as, "And what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is it’s natural manure. " It is perhaps telling that had Jefferson made such comments in the media of today where anybody could actually read it, he would likely be actively censored - his comments and his person alongside. And his receiving a visit from men in black would not be a surprise either, especially if he somehow managed to still keep communicating with society at large in spite of the censorship efforts. Somehow I suspect this scenario is not exactly what the Founding Fathers had in mind when seeking to enshrine Free Speech in this country. You can read the original here: https://www.archives.gov/founding-docs/constitution-transcript https://www.archives.gov/founding-docs/constitution-transcri... Full context on the Tree of Liberty quote: https://founders.archives.gov/documents/Jefferson/01-12-02-0348 https://founders.archives.gov/documents/Jefferson/01-12-02-0...
- shadowgovt 4y ago> It is perhaps telling that had Jefferson made such comments in the media of today where anybody could actually read it, he would likely be actively censored - his comments and his person alongside. And his receiving a visit from men in black would not be a surprise either, especially if he somehow managed to still keep communicating with society at large in spite of the censorship efforts. Possibly. The government of the time was fundamentally different from the modern one. At the time, Adams administration and that Congress passed the Alien and Sedition Acts, granting broad authority to punish treasonous speech. Jefferson and Madison responded by spearheading laws in Virginia to basically say those Acts were void. Of course, then there was a civil war and states don't have that authority anymore (with good reason). https://www.history.com/topics/early-us/alien-and-sedition-acts https://www.history.com/topics/early-us/alien-and-sedition-a...
- rgrieselhuber 4y agoThe Constitution is lower in the ontology than the origin of the natural rights of human beings, so it’s really irrelevant whether it is documented in this downstream position or not. The break with the tyranny of the monarchy happened in the Declaration Independence and even that was documenting where the rights originate.