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Old October 19th, 2017, 06:00 AM   #1
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The Nature of Rights

I spent a lot of hours the past few weeks in search of an answer to a question:

Where do we get our Rights from?

My research revealed a lot of complex answers. Where do you get YOUR Rights from?
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Old October 19th, 2017, 06:02 AM   #2
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Originally Posted by discollector View Post
I spent a lot of hours the past few weeks in search of an answer to a question:

Where do we get our Rights from?

My research revealed a lot of complex answers. Where do you get YOUR Rights from?
The fact that our ancestors wanted them, fought and died for them, and the fact that we still might. Where else could they come from?
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Old October 19th, 2017, 06:11 AM   #3
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I spent a lot of hours the past few weeks in search of an answer to a question:

Where do we get our Rights from?

My research revealed a lot of complex answers. Where do you get YOUR Rights from?
As an American citizen my rights come from the U.S. Constitution.

Last edited by Hollywood; October 19th, 2017 at 07:17 AM. Reason: typo
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Old October 19th, 2017, 06:39 AM   #4
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As an American citizen by rights come from the U.S. Constitution.
False, “we are endowed by our creator with certain inalienable rights”, the purpose of government is to protect those rights.
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Old October 19th, 2017, 07:01 AM   #5
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Some are natural, some were granted, all can be limited/taken.
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Old October 19th, 2017, 07:24 AM   #6
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False, “we are endowed by our creator with certain inalienable rights”, the purpose of government is to protect those rights.
So? Those words are in the DOI, which was, as the name implies, nothing more that a "letter of intent" to old King George. Had the signers of that document all been immediately hung by British troops those words would be as irrelevant as graffiti spray painted on a warehouse wall.

AFTER we had won our revolt came the Constitution which forms the basis of our laws & legal system.
You call me when a law is struck down by the SCOTUS for being "counter to the DOI" rather than UNCONSTUTIONAL.

Last edited by Hollywood; October 19th, 2017 at 07:25 AM. Reason: typo
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Old October 19th, 2017, 07:33 AM   #7
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False, “we are endowed by our creator with certain inalienable rights”, the purpose of government is to protect those rights.
You are almost there. We are endowed by our Creator with unalienable Rights. BTW, I have been writing a book and that part takes up at least one chapter.
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Old October 19th, 2017, 07:43 AM   #8
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Some are natural, some were granted, all can be limited/taken.

The absolute rights of individuals may be resolved into the right of personal security, the right of personal liberty, and the right to acquire and enjoy property. These rights are declared to be natural, inherent, and unalienable.” Atchison & N. R. Co. v. Baty, 6 Neb. 37, 40, 29 Am. Rep. 356 (1877)

Another court ruling went further in their ruling:

By the "absolute rights" of individuals is meant those which are so in their primary and strictest sense, such as would belong to their persons merely in a state of nature, and which every man is entitled to enjoy, whether out of society or in it. The rights of personal security, of personal liberty, and private property do not depend upon the Constitution for their existence. They existed before the Constitution was made, or the government was organized. These are what are termed the "absolute rights" of individuals, which belong to them independently of all government, and which all governments which derive their power from the consent of the governed were instituted to protect.” People v. Berberrich (N. Y.) 20 Barb. 224, 229; McCartee v. Orphan Asylum Soc. (N. Y.) 9 Cow. 437, 511, 513, 18 Am. Dec. 516; People v. Toynbee (N. Y.) 2 Parker, Cr. R. 329, 369, 370 (quoting 1 Bl. Comm. 123) - {unverified}

Men are endowed by their Creator with certain unalienable rights,-'life, liberty, and the pursuit of happiness;'and to 'secure,'not grant or create, these rights, governments are instituted. That property which a man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it to his neighbor's injury, and that does not mean that he must use it for his neighbor's benefit; second, that if the devotes it to a public use, he gives to the public a right to control that use; and third, that whenever the public needs require, the public may take it upon payment of due compensation.” BUDD v. PEOPLE OF STATE OF NEW YORK, 143 U.S. 517 (1892)

".The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence". United States v. Cruikshank 92 US 542 (1875)

You have a Right to Life. Somebody can take it, but they will be held accountable. That was not the question. The question is, from where do you get YOUR Rights?

Last edited by discollector; October 20th, 2017 at 07:40 PM.
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Old October 19th, 2017, 09:50 AM   #9
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False, “we are endowed by our creator with certain inalienable rights”, the purpose of government is to protect those rights.
Your creator must be a pretty anemic thing then. Look at all the people in the world who don't enjoy any of those rights.

Which leads me to the conclusion that those rights agreed to by a government and/or society and then enforced and protected by the government.
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Old October 19th, 2017, 10:33 AM   #10
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Your creator must be a pretty anemic thing then. Look at all the people in the world who don't enjoy any of those rights.

Which leads me to the conclusion that those rights agreed to by a government and/or society and then enforced and protected by the government.
So, do you believe that might makes right? If some have the power to force you to do what they want, that is the way a society should work?
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