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Reply #47: Ummmm.... yeah, you don't want to be understood by anyone else? [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
Land Shark Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 06:05 PM
Response to Reply #46
47. Ummmm.... yeah, you don't want to be understood by anyone else?
Edited on Thu Dec-04-08 06:06 PM by Land Shark
There's no difference between a fundamental individual right with clear standing and clear damages and all these cases where the courts say there's no standing because there's no injury. Ya think the right to be married is of the same order, value and enforceability as say an age qualification for office?

Patrick Henry points to another key difference: who the Constitution restrains, vs. who it SERVES:

The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government -- lest it come to dominate our lives and interests. Patrick Henry

Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Patrick Henry

" with manly firmness invasions on the rights of the people." Thomas Jefferson, Virginia Constitution, 1776. (*) Papers 1:338

"The Constitution is the origin and measure of legislative authority. It says to legislators, thus far ye shall go and no farther. Not a particle of it should be shaken; not a pebble of it should be removed ..." Justice William Patterson

"It is a perversion of terms to say that a charter {constitution} gives rights. It operates by a contrary effect- that of taking rights away. Rights are inherently in all the inhabitants; but charters, by annulling those rights, in the majority, leave the right, by exclusion, in the hands of a few. If charters were constructed so as to express in direct terms, "that every inhabitant, who is not a member of a corporation, shall not exercise the right of voting," such charters would, in the face, be charters not of rights, but of exclusion. The effect is the same under the form they now stand; and the only persons on whom they operate are the persons whom they exclude. Those whose rights are guaranteed, by not being taken away, exercise no other rights than as members of the community they are entitled to without a charter; and, therefore, all charters have no other than an indirect negative operation. They do not give rights to A, but they make a difference in favour of A by taking away the right of B, and consequently are instruments of injustice." Thomas Paine

Our Constitution does not grant us rights, because "We" already hold all rights. Instead, it defines the boundaries of our government, and identifies what privileges "We the People" will grant to that government. Thom Hartmann

The great check imposed upon Executive power was a popular mode of election; and the true object of jealousy, which ought to attract the attention of the people of every State, is any circumstance tending to diminish or destroy that check. It was also a primary intention of the Constitution to keep Executive power independent of Legislative; and although a provision was made for its election by the House of Representatives in a possible case, that possible case never was intended to be converted into the active rule, so as to destroy in a degree the line of separation and independency between the Executive and Legislative power. <>--Senator Tracy, debate concerning ratification of Amendment XII to the United States Constitution

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