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| photo courtesy Brussels Bulletin |
The
problem is that the Constitution says that it and any laws enacted in
accordance with it are law. Thus, "God Given rights" are an illusion if
they are not constitutionally enacted.
Also,
I should explain that the term "pre-existing right" comes from common
law tradition and rights granted from that tradition. The US did not
start out with a legal system created from scratch: it "received" the
common law system. Thus, one needs to look to the common law for how those rights have been treated prior to the US's independence from Britain.
On the other hand, the French had to create rights when they had their revolution.
The
point I am trying to make is for someone to claim a right, they must
have an actual legal basis for making that claim--not merely that some
deity granted it. This is especially true in the US which is a secular
society.
See also:
See also:
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