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Old 12-05-2011, 04:58 PM   #22
swoluelvede

Join Date
Oct 2005
Posts
358
Senior Member
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One of the major misconceptions about our Constitution is that it "Gives us our rights", as if simply abolishing it would eliminate all moral and ethical constraints on our government to act in any way it sees fit regardless of who it affects. This is modern day positivism at its finest, the notion that the government somehow "owns" us and that any "rights" we are "granted" are only the products of a benevolent government. This is also the antithesis of what is stated in our own Declaration of Independence. The rights we have are natural and contractual, the Constitution was designed to bind the government in such a fashion that it would recognize every individual has these rights and should never infringe upon them. Every "person" is granted habeus corpus regardless of their citizenship. Being a citizen has certain rights (voting) and certain inherent responsibilities, but the right to a fair trial is a right of persons. Suspension of habeus corpus as stated in Article 1 Section 9 is very limited by nature, to cases of invasion or rebellion when the public safety might requirement. This should not be construed as an individual might "contribute" to actions that "might" hurt a person "someday" . The day we surrender that authority over to our government is then day we should accept that this authority may one be used against us.
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