Katy J

I've always operated under the assumption that we, as Americans, are entitled to do anything we wish until a law is passed to limit that right. Recently I've come to realize that many people seem to think the only rights we have are those listed in the Constitution.



Does anyone have a convincing opinion on this?

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Katy

Lightdemon

Can you name something specific that isn't listed in the Constitution, or isn't extrapolated from?

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Democrats are thieves
Republicans are thieves too,
Where's my liberty?
- by Ethereal

Katy J

I wanted to avoid that because I don't want to turn this into a thread about a single issue.

But if that is to vague, I'll try to think up something non-controversial.

Lightdemon

I ask because I can't seem to find anything that isn't regulated. I mean as far as essential things.

I mean, I can run from the west coast to the east coast, if I wanted (not all in one go, obviously). Theres no law against that. So I'm free to do that, but heck, why would I? I can also eat as much ice cream as I please. No law against that either. So I suppose I have the freedom to do that as well. But again, that really ins't that important. At least not enough for it to be regulated.

But our "rights" probably isn't meant to describe such mundane details of our lives. And my guess this isn't what you are talking about either.

I don't remember where and who I heard this from, but I think it deserves to be shared,"It's such a shame...The American people can have anything they want according to our Constitution. But it seems that people want so little..."

This was part of a commentary regarding civil rights. I probably heard it on NPR radio.

Katy J

Okay, take recreational drug use as an example. From what I understand, drug use was legal until laws were passed making drug use illegal.

What I'm getting at is that the constitution seems to give us the right to do anything, even if each individual right isn't listed, until the government comes up with a compelling reason why we should not have that right. To me, this is pretty basic, but I've been told by others that if something isn't listed as a right, then constitutionally it isn't.

Lightdemon

Are you talking about Native American recreational drug use?

If so, then it is more of a state issue, more than it is a federal. The United States treat soverign Native American states just the same as it would CA, NY, TX, or any other state.

You can always point them to the 9th Amendment.

WeAreScrewedIn08

The current federal government is by and large one great big violation of the Constitution. From mucking around in local education to giving public land for private development, they have no idea what they're supposed to be doing, nor do they know enough about what they are trying to do to be anything other than abismal failures.

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Tyranny Of The Majority Is Not Freedom

Bodhisattva

The Constitution protects "the people's":
- Life
- Liberty
- Property

The rest of the laws that are created by Congress, under Article 1 of the Constitution. The Legislative Branch is vested certain powers... here they are.

Section 8: The Congress shall have power
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;—And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

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WeAreScrewedIn08

Boy, has congress abused that last sentence. Worse than x-ians beating jebus into their kids.

Sheesh.

Katy J

So, we have rights until Congress takes them away from us.