Common History Myths: Historical Inevitability Edition
Дата: 09.07.2014 22:04:34
Zinegata, on Jul 09 2014 - 03:27, said: The Bill of Rights by contrast is basically just a list of promises
of the state to the people - implying but not affirming
pre-existing rights. The closest the constitution comes to
mirroring what the DoI says is in the preamble, but it doesn't
affirm the "self-evident" rights either, instead simply saying that
the constitution aims to "secure the Blessings of Liberty":The_Chieftain: All nine justices of the Supreme Court in the Heller case
agreed that the 2nd referred to a pre-existing right (Thought they
differed as to what exactly that right was). It is also well argued
that the First is a pre-existing right. Bear in mind that just
because something is not enumerated in the Constitution does not
mean that it cannot exist as a right either before or concurrent to
the existance of the Constitution. Otherwise there would be no
point to the Ninth Amendment's statement that "The enumeration in
the Constitution of certain rights shall not be construed to deny
or disparage others retained by the people."
Common History Myths: Historical Inevitability Edition