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Originally Posted by replicant_argent
Worth some thought about whether the government can "grant" rights, or simply restrict them. Which gets into a philosophical discussion we can't really have here.
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Well IMO the Declaration of Independence pretty much clears that up
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We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
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Therefore the U.S. Constitution and it's Bill of Rights do not grant rights, but rather protect them. The Constitution also specifically enumerates the powers of the federal goverment to prevent it from overreaching. Hench the 10th Amendment.
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The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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