teamosil
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You'd be incorrect. Natural Rights are only absolute in having them. The Rights in the Constitution, by and large, as simply natural rights that are made considered protected governmental rights by nature of the social contract this country is founded upon...namely the Constitution. Said social contract lays down a specific way the contract can be altered. To me, altering it outside of that fashion is a violation of the contract and is something that should be fought against.
I don't buy into Natural Law at all. Really it is not so much a particular idea as it is a category of theories that all share the common faith that one particular conception of rights is inherently superior to all the others, but those conceptions of rights, and the reason they are supposedly inherently superior, have varied radically over time. Probably the most historically important school of Natural Law has been the Christian variety- the notion that God gave us certain rights. Second to that in terms of historical impact has been the idea that certain races and genders and ages of people are inherently superior to others, and that certain social norms flow from that fundamental truth. IMO the first one doesn't serve as a basis for governance in a world where people have many different religious beliefs, and the second one is obviously ridiculous now.
The less historically significant, but the most intellectually sound, is the Hobbsian notion of Natural Law- the idea he asserts to build off of is that people will be more able to agree on negative liberties than positive ones. Eg, everybody agrees they don't want to be hit in the head with a stick, but everybody won't agree about where to build the town hall. From that proposition he constructs a series of negative rights that kind of fit together. Leviathan is good reading and a very clever and interesting idea, but its fundamental premise doesn't actually turn out to be true. In most parts of the world and most eras of history, people have agreed on at least some positive liberties and many of the negative liberties he asserts have actually been incredibly controversial.
So, what I'm left with from his writings is just the social contract. That much does make sense to me.
At such times that Rights come into conflicts, one must look at whose particular action is violating the other individuals right.
As part of the social contract the country is founded on, our rights end where another individuals begin. This is why it's perfectly fine for me to own a gun, but the moment I seek to use that gun to infringe upon another individuals rights, then I am in the wrong.
That sounds nice on paper, but in practice it doesn't really play out that way. In practice, if you actually were to implement a system where no person can in any way, to any extent, infringe on the rights of another, that would be an incredibly oppressive system. For example, if one person stands outside of a restaurant telling everybody that comes by that the restaurant is serving rat meat, he is exercising free speech and it is impairing the property rights of the restaurant owner. Now, you can say that he is infringing the rights of the restaurant owner, and hence shouldn't be allowed to say that, but then you are radically limiting free speech and making it basically too risky to say anything negative about a business. Or, you can say that you don't count the lost profits or reputational losses as an infringement on the restaurant owner's rights, but then you're narrowing the concept of property rights to a pretty meaningless level. Many businesses are essentially only a reputation or a brand. For example, there have been mergers worth tens of billions of dollars where all one side brought to the table was a brand. To just discount that because it makes for a neater system with less conflict issues would be to radically reduce the scope of property rights in this country.
A more robust approach, in my opinion, is to try to maximize both. Figure out exactly how to draw the line to allow as much freedom as possible to the speaker while protecting the most important property rights. This is the sort of exercise courts exist to conduct. For example, with that scenario, the balance we've worked out is that if the speaker can show that he had a good faith belief that what he was saying is true, we side with the speaker, but if he can't, then we side with the property owner. It's a compromise. It limits both of their rights, but they still both have more rights than they would have if we just arbitrarily defined limits to one of their rights like discussed above. IMO that kind of balancing and finding workable solutions is where the real work of maximizing our rights takes place.
Disagree entirely. While they may be more important in terms of their affect on other rights, their over all importance from a constitutional and rights perspective are equal. It would be no less or more an atrocity for the government to revoke habeas corpus as it would be to revoke the right of assembly. Once you begin to deem a particular right as being unimportant and able to be countermanded in ways other than the constitutional process, all right's protected by the constitution become unimportant and hollow as any notion of protection based on the social contract goes entirely out the window.
If we revoked the right of habeas corpus we would have revoked the right to assembly as well. The government could just lock up people who were assembling.