So, Firstly, I'd like to say that I agree with you entirely. This is a great, succinct, explanation of how our Rights are understood.
However, I am just curious as to what clause in the Constitution explicitly provides for exceptions to our explicitly stated rights. Do you happen to know of one? For example, this right that you mention, the 'right to personal safety': that right is not mentioned in the Constitution, is it? Now, don't get me wrong, I fully agree that we have a right to personal safety, but I am just wondering how this right is found within the Constitution.
Now, perhaps there are rights that the Constitution doesn't specifically mention that it nevertheless recognizes. I just would like to hear your take on that.
While the Constitution itself restrains only the government, theoretically leaving private individuals to assault on another without limit, we can observe the rights which the Constitution presumes to exist and further demonstrate how these rights are protected from infringement by private individuals.
While it is entirely appropriate to look to the Constitution when determining which rights it presumes to exist, we can not look to the Constitution for a direct restraint imposed on a private individual; Restraining private individuals was not the Constitution’s function.
While American culture views the right of personal safety through the Christian notion of
Natural Law, generally speaking many different societies world-wide hold that the right of personal safety exists in every individual inherently. That is to say that the right of personal safety is not believed to be an external entity conferred, but an internal attribute expressed.
If the right of personal safety is observed as internal, then the right of personal safety is not something the Constitution would grant, but something the Constitution would presume to already exist and further move to protect.
In its restraint of the government, we can observe the Constitution presuming the right to personal safety existing in the following examples:
LII: Constitution
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
LII: Constitution
Section 4.
The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
Amendment II
LII: Constitution
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Please note that the 2nd amendment does not establish a right to bear arms.
The second amendment presumes that the right to keep and bear arms exists and then moves to prevent the government from infringing upon it. Nowhere in the Constitution is this right generated, yet it exists.
Amendment IV
LII: Constitution
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Here again we see that the Constitution presumes that the right to be secure in your person exists as it moves to restrain government from infringing upon it, yet nowhere in the Constitution is this right generated. Various codified laws further move to protect your right to be secure in your person from private individuals, and like the Constitution, these codified laws do not generate the right, but presume it already exists.
http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/13/sections/section_245.html
United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 13 - CIVIL RIGHTS
U.S. Code as of: 01/19/04
Section 245. Federally protected activities
(b) Whoever, whether or not acting under color of law, by force
or threat of force willfully injures, intimidates or interferes
with, or attempts to injure, intimidate or interfere with -....
(2) any person because of his race, color, religion or national
origin and because he is or has been -....
(C) applying for or enjoying employment, or any perquisite
thereof, by any private employer or any agency of any State or
subdivision thereof, or joining or using the services or
advantages of any labor organization, hiring hall, or
employment agency;....
...
shall be fined under this title, or imprisoned not more than one
year, or both; and if bodily injury results from the acts committed
in violation of this section or if such acts include the use,
attempted use, or threatened use of a dangerous weapon, explosives,
or fire shall be fined under this title, or imprisoned not more
than ten years, or both; and if death results from the acts
committed in violation of this section or if such acts include
kidnapping or an attempt to kidnap, aggravated sexual abuse or an
attempt to commit aggravated sexual abuse, or an attempt to kill,
shall be fined under this title or imprisoned for any term of years
or for life, or both, or may be sentenced to death.
This code demonstrates a pre-existing right observed; that one has the right to apply for or enjoy the employment of a private individual free from threats of force or actual attempts of violence.
I hope these are sufficient examples. Please let me know how you would like to discuss this further.