But the Court has unwaveringly endorsed the principles affirmed in that paragraph many times. Rights are claimed to be exceptions to the powers granted and those specific pronouncements in the Bill of Rights stand as a barrier to inhibit the invention of powers and thus, the mal-administration of government.
Originally Posted by haymarket
The Court repeatedly affirms the pre-existence of rights, that government is not the source of our rights, that our rights in no manner depend on the Constitution (or any entity or structure created by the Constitution) for their existence thus the Bill of Rights only redundantly forbids government to exercise powers it was never granted, to act against our rights.
The Court also states that the processes and operation of government can not be employed to violate those interests that are held outside of its legitimate powers (e.g., submitting them to a vote).
Some examples (look at the dates):
"The constitution expressly declares, that the right of acquiring, possessing, and protecting property is natural, inherent, and unalienable. It is a right not ex gratia from the legislature, but ex debito from the constitution. . ." VANHORNE'S LESSEE v. DORRANCE, 2 U.S. 304 (1795)
"The law is perfectly well settled that the first 10 amendments to the constitution, commonly known as the Bill of Rights, were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors, . . ." -- ROBERTSON v. BALDWIN, 165 U.S. 275 (1867)
"Men are endowed by their Creator with certain unalienable rights, and to 'secure,' not grant or create, these rights, governments are instituted." -- BUDD v. PEOPLE OF STATE OF NEW YORK, 143 U.S. 517 (1892)
"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections." West Virginia State Bd. of Ed. v. Barnette, 319 U.S. 624, 638 (1943).
The first ten amendments to the Constitution, adopted as they were soon after the adoption of the Constitution, are in the nature of a bill of rights, and were adopted in order to quiet the apprehension of many, that without some such declaration of rights the government would assume, and might be held to possess, the power to trespass upon those rights of persons and property which by the Declaration of Independence were affirmed to be unalienable rights. UNITED STATES v. TWIN CITY POWER CO., 350 U.S. 222 (1956)
"[N]either the Bill of Rights nor the laws of sovereign States create the liberty which the Due Process Clause protects. The relevant constitutional provisions are limitations on the power of the sovereign to infringe on the liberty of the citizen. . . . Of course, law is essential to the exercise and enjoyment of individual liberty in a complex society. But it is not the source of liberty,. . ." -- DENNIS C. VACCO, ATTORNEY GENERAL OF NEW YORK, et al., PETITIONERS v. TIMOTHY E. QUILL et al. No. 95-1858, (1997)
"[I]t has always been widely understood that the Second Amendment , like the First and Fourth Amendment s, codified a pre-existing right. The very text of the Second Amendment implicitly recognizes the pre-existence of the right and declares only that it “shall not be infringed.” As we said in United States v. Cruikshank, 92 U. S. 542, 553 (1876) , “[t]his is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The Second amendment declares that it shall not be infringed … .” DISTRICT OF COLUMBIA v. HELLER, 478 F. 3d 370, (2008)
What can you possibly say to argue that your conditioned, qualified, "militia right" perversion has any support in the Constitution or the Supreme Court's determinations enforcing the Constitution and its foundational principles?