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“Arises” and “comes from” betray a crucial error. Our rights do not come from the constitution; the constitution merely recognizes our rights.
by abtinf 3y ago
“Arises” and “comes from” betray a crucial error. Our rights do not come from the constitution; the constitution merely recognizes our rights.
- majormajor 3y agoWhat is the value in claiming inherent rights - and many across the world will quibble on just what items would be in that set - when there is no natural mechanism to defend those rights anyway? An appeal to authority will only get you so far in an ungoverned state of nature. And when it comes to non-governmental data collection businesses in the US, we are in just that state. There's no constitution saying we should have any rights to privacy against them. I think we should have that right; but it would take a law to actually make them respect that.
- gbear605 3y agoThe GDPR is doing a good job at it, even across an ocean. Thank goodness for the EU.
- majormajor 3y agoBut the GDPR, like the Constitution, is a written artifact; pre-GDPR "recognition" of any of those rights, any "inherent" nature of them was not doing anything.
- anigbrowl 3y agono natural mechanism to defend those rights What do you think political organizing and direct action are? There's more to politics than legislation and litigation.
- majormajor 3y agoThose are human things, and they organize and act away from the direction of the rights claimed by the Constitution as much as towards them.
- anigbrowl 3y agoConstitutions are also human things, they're not found growing in remote locations in nature.