So were do rights come from? I see the term “Constitutional Rights” used in almost every conservative blog and forum. So the question arises what are Constitutional Rights?
As I read the original constitution I find none. And later some amendments were added that give vague reference to a scant few.
So what would our Founding Father say if they heard the phrase “constitutional rights”?
I have always said that “what the constitution doesn’t say is more important that what it does”. And while it doesn’t directly say you have those rights one could conclude that the constitution at least has some bearing on those rights, to our benefit.
Let’s run you through an exercise, and let start at the beginning. The Constitution starts with “We the People”. In Article 1 sec 1 is starts with “All legislative Power herein granted shall be vested in a Congress…” The question is who granted that power? We the People. Also note the word vested, like invested, so who is the investor? We the People. You can go through many articles and sections asking the same questions, to the point that you can see how all the that was setup was from, We the People.
Now, how does that effect the “Constitutional Rights”. If all the Constitution does is grant or vest powers from We the People, can We the People grant themselves rights? I would content, No. And our Founding Fathers in a one powerful stroke concluded likewise.
In the Declaration of Independence we read, “We hold these truths to be self evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights”. So if, We the People, are endowed with rights why is there a need to grant them in the Constitution.
Further read the entire constitution. Each and every section has only to do with granting authority to government bodies. If rights were explicitly written into the Constitution it would mean that a government body (fallible men) has the power to regulate those rights, ie. take them away at their whim.
The Constitution is a Contract. And like a contract We the People have spelled out the exact terms and authority that they (government) have. All authority and rights are ours without the Constitution. And with, the Constitution, they are all ours, just the government is now charged with protecting them. This is what you are seeing in the constitution not the actual granting of rights.
In conclusion I think the phrase “Constitutional Rights” is an oxymoron as how can I (We the People) grant myself rights that I didn’t already have.
“In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution” Thomas Jefferson
The constitution is a restriction upon certain men, how then can it then also be the grantor of freedom and liberty.