About a week ago, a coworker and I were in the office discussing politics, the election, etc. You know, all the things everyone tells you to never talk about. Anyways, we got onto the subject of a personapos;s rights, and another coworker asked that I post my thoughts on them to LJ so she could link to them. So yapos;all can blame her for these musings...
As I recall, the subject came up when my coworker (the first one, not the one asking me to make this post) made the comment along the lines of "the Constitution gives us the right to..." This is one of my biggest pet peeves and why I think public schools are doing a disservice to their charges. There has been a growing trend, especially in Europe, to think that rights come from the government or from the Constitution. They donapos;t. Government (at least as spelled out in the US) doesnapos;t give us ANY rights, nor does the Constitution. The latter merely recognizes some of them.
To understand this, one has to go back to the Declaration of Independence. The most, at least in my opinion, under-taught of our founding documents. (Yes, it is a founding document and can be referenced as such. Sometimes is, in case law.)
I suppose it isnapos;t PC anymore to teach something that references a "Creator". Anyhoo, the point is that our rights are just that: oursapos;. They donapos;t come from the government, or the Constitution, or the Bill of Rights. They come from us. Or from our "Creator", depending on your thoughts in that regard. The Constitution, through the Bill of Rights, simply recognizes some of the more important of those rights. Well, at least from the point of view of the founders. So, remember that the next time someone (especially a condescending professor) tells us that the Constitution or the government "give us the right".
Oh, and for those of you who are strict-constructionists and say "the Constitution doesnapos;t give us that right", remember one of the more important parts of the above quote: "that among these are". The founding fathers were not so arrogant to believe that they had spelled out ALL our rights in the Constitution. Just some of the more important and threatening ones.
As I recall, the subject came up when my coworker (the first one, not the one asking me to make this post) made the comment along the lines of "the Constitution gives us the right to..." This is one of my biggest pet peeves and why I think public schools are doing a disservice to their charges. There has been a growing trend, especially in Europe, to think that rights come from the government or from the Constitution. They donapos;t. Government (at least as spelled out in the US) doesnapos;t give us ANY rights, nor does the Constitution. The latter merely recognizes some of them.
To understand this, one has to go back to the Declaration of Independence. The most, at least in my opinion, under-taught of our founding documents. (Yes, it is a founding document and can be referenced as such. Sometimes is, in case law.)
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, that among these are Life, Liberty and the pursuit of Happiness.
I suppose it isnapos;t PC anymore to teach something that references a "Creator". Anyhoo, the point is that our rights are just that: oursapos;. They donapos;t come from the government, or the Constitution, or the Bill of Rights. They come from us. Or from our "Creator", depending on your thoughts in that regard. The Constitution, through the Bill of Rights, simply recognizes some of the more important of those rights. Well, at least from the point of view of the founders. So, remember that the next time someone (especially a condescending professor) tells us that the Constitution or the government "give us the right".
Oh, and for those of you who are strict-constructionists and say "the Constitution doesnapos;t give us that right", remember one of the more important parts of the above quote: "that among these are". The founding fathers were not so arrogant to believe that they had spelled out ALL our rights in the Constitution. Just some of the more important and threatening ones.
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