We had our rights before the federal government existed and we will have them after the federal government. Neither the federal government nor the Constitution gave us our rights.
Some of our rights are affirmed in the constitution not all of them, but that's not the main purpose of the constitution. The constitution was written by independent states to create a federal government. Without the Constitution the federal government has no legitimate authority whatsoever. When creating this federal government they decided to delegate to it certain powers, all of which are clearly enumerated. They reserved all other powers for themselves or for the people. They also divided these delegated powers into different branches. At any time they wish the states can "fire" the central government. and create a new one or decide to go with out one. They can do this via a constitutional convention. which is how we went from the articles of confederation to the constitution.
The powers of the federal government are limited and defined. all other powers belong to the states or to the people.
We have a "Federal" government not a "National" government.
Sylvia, do you agree with the following statement?
If a power is not clearly delegated to the federal government via the constitution then the federal government has no legitimate authority to exercise that power.
I said the Constitution affirms our rights, it does not give them to us. Humans have fundamental rights. It is the Federal Government that has to affirm that. Those fundamental rights that our Federal Government affirms, by affirming, has the Constitutional right to deny us our fundamental rights.
You are right, it doesn't make any sense--how could a fundamental right be taken away if it is fundamental--absolute power can take any right it wishes away from us, because we lack the financial and military power that the Federal Government has.
The Federal Government has no "legitimate authority" to exercise that power--that doesn't mean that it will not do it though. The Constitution in its entirety covers every aspect of human life, and by that federal power, all American citizens are subject to the heavy hand of the federal government. I don't mean to paint such a grim picture, it sucks, but it has been bestowed on the federal government the power to determine what is best for American citizens.
I have seriously spent many hours trying to prove that the Constitution is not interpretive, and unfortunately I have concluded that it is. You think that because I acknowledge that it is interpretive, that I am excited about it, I am not. We are left with no choice but to interpret, and that is what takes place when every past, present and future members of SCOTUS holds laws to the Constitution to determine the Constitutionality off said law.
