Of the many different arguments on where rights come from I find the Constitutional Case the most far-fetched. It is a long held and deeply rooted belief that the United States Constitution is where the country’s citizens obtain their rights. The argument of Constitutional Rights is fallacious and easily the most wide spread and enduring myth among Americans. This argument supposes that a document signed by and ordained by people long since dead have somehow bestowed upon the subsequent generations certain acts or protections under a system of governance. The myth of Constitutional Rights is a touchy subject for most, but I will try to explain the case against the Constitutional Rights Theory.
As a document it was a contract between those that agreed to partake in its formation, contracting themselves to its supposed limits by signature. There is no reference to it being forced upon following generations, there is no clause that leads us to be ruled by others opinions and writings of a time we did not live or respect and follow a document, a contract we did not sign. This is the error in the Social Contract Theory, the basis of which is that as I did not sign into any contract I do not have to subject myself to that contract. The Social Contract Theory is dependent on the thought that one must be obligated to endure the social rules in a place he was placed at birth or else leave. This theory is particularly used when a person is found to dissent to the idea of the social rules in that area of birth. The “if you don’t like it here you can leave” attitude in other words.
Of the many errors of those that hold a belief in Constitutionally Granted Rights is the interference in the logic of American History.
“The members of the Constitutional Convention signed the United States Constitution on September 17, 1787 in Philadelphia, Pennsylvania. The Constitutional Convention convened in response to dissatisfaction with the Articles of Confederation and the need for a strong centralized government. After four months of secret debate and many compromises, the proposed Constitution was submitted to the states for approval. Although the vote was close in some states, the Constitution was eventually ratified and the new Federal government came into existence in 1789. The Constitution established the U.S. government as it exists today.” Excerpt from the Library of Congress Website
The first thing to look at in this excerpt is the phrase, “secret debate and many compromises”. If this were to be the founding form of contract for every generation hereafter its signing why then would these debates and meeting need to be held in secret? Why would this sort of thing be kept from those that it intended to subject?
The last point in this small quote is the last line. “The Constitution established the U.S. government as it exists today.” This is exactly the problem with the idea of limited government touted by the Republican Party, Constitutionalists, and the various tea party groups. The limit that is imposed is not by the citizenry but by the same government that gives it power. Small government is likely to grow out of this relative smallness and into the beast it is today.
The very Idea that this contract gives any person rights is easy to prove otherwise. Since the beginning of non-native conquest and inhabitation in the Americas began well before the drafting and ratification of the Constitution the question is posed; where did these Pre-Constitution people derive their rights from? Were they privy to the Magna Carta? Hard to be since the Magna Carta did not grant rights to people but rather limited power of King John of England and stood to protect their natural rights in the year 1215. Did they derive their rights from the Articles of Confederation? The articles were an agreement among the 13 founding states that established the United States of America as a confederation of sovereign states and served as its first constitution. Again these articles did not propose to grant rights to people and would in effect limit the freedom of people inside the confines of territory of what would become the United States.
One could argue that the very basic precept of time in relation to rights clearly defines that the rights of individuals predates even the earliest form of community or government. One could also argue that if one believes in the endowment of rights by written words than the act of destroying this document would insure the decimation of all semblances of rights. If any Constitution would be destroyed today the ability and right to speak as one wishes remains; the act of defense remains the same, the right of being secure in the privacy of your own property and the right to own said property would all still be there.
Secondary questions.
Did people before any written documents not have inherent rights? Were these people somehow less inclined to the abilities of themselves and of freedom from tyranny? How would their lives be defined if not for the rights they had? Were those Native Americans here long before Europeans invaded and settled not in possession of any rights in their lives and property? Do people outside of all Constitutions or documents forming any sort of Government not have rights? Could the destruction of these documents ensure no person would have any rights to themselves or property?
Simply stated, the origin of rights is inherent on a person being alive. They are natural, they are inalienable, they are non- transferable, they are not for sale or rent, they begin the moment of life and cease with death. The idea of any right bestowed from outside forces begets the ability to restrict those rights from outside forces. The Natural ability to do as one sees fit as long as those actions do not interfere with the rights or freedoms of others is not reliant on any form of documentation, any decree, from any person or institution.
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