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The point that's missing is where rights and freedoms "originate", so to speak. The US view, called out specifically in the Constitution, is that all freedoms
by zdragnar 2y ago
The point that's missing is where rights and freedoms "originate", so to speak.
The US view, called out specifically in the Constitution, is that all freedoms and rights are inherent in being, and not granted by the government. As such, the government cannot give or guarantee rights, it is only capable of taking them away.
The role of the Constitution and the amendments (in particular, the first ten known as the bill of rights) do NOT specify what rights people have, they specify those rights that the government may NOT curtail.
Hence, the discussion of negative versus positive rights is entirely not about what rights exist, but what authority the government may or may not exercise over them.
Of course, any brief look at America's history shows the government failing to abide by its own restrictions. The government we have now is significantly different from what the original authors had intended, as they were more concerned with finding a way for the disparate states to coordinate at all after the failure of the previous Articles of confederation.
Now, we have an overarching federal government that renders individual states to be little more important that municipal organizations, much more in line with other countries.
- philipov 2y agoSo when the rights of two individuals conflict, I guess you'd say the correct way to deal with it is not with a criminal charge, but for me to sue the other person? Do you think the American system would rule in favor of people who caught Covid if they sue people who went out in public without taking precautions? Do you think that's a realistic way of having one's rights made whole? How do I sue a class of individuals? Furthermore, do you really think this is a plausible way of managing disease outbreaks, which affect large populations in aggregate and not just single individuals? Systems like private insurance don't work if all the individual risks are correlated.
- zdragnar 2y agoEven murder, except for certain circumstances, is not a crime at the federal level. Under the original framing, anything not specifically mentioned by the Constitution was delegated to the individual states to decide. It wasn't until after the civil war that the amendments to the Constitution itself applied to the individual states.