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We have had a lot of discussion recently about the "Bill of Rights" and the constitutional protection it insures. It is sad that most Americans don’t grasp even the fundamental knowledge of that document which protects them. The US constitution is unique in its content and unlike any other ever conceived. All democracies and even some non-democracies have a constitution that specifically details the rights of the citizens.
The original constitution didn't have a "Bill of Rights" because it didn't need one. The US constitution takes a different approach. Since it was not an existing government granting rights to individuals but individuals forming their own government it assumes first that the people already have all their rights and the people grant certain limited powers to the government. That is why the clause that says, “All powers not explicitly granted to the federal government remain with the “states” and the “individuals” respectively. The government exists by the consent of the governed.
The constitution is specific as to the powers granted to each branch of government and divided the powers so as to offer protection from one branch overtaking another. But of course this system of checks and balances only works if the branches exercise the power they have to ensure that protection happens. The Supreme Court’s task is to determine that laws passed by the federal and state governments meet constitutional guidelines. That is their only criteria for judgment. It doesn’t matter what might be a nice gesture or what they think is good for the country, their only criteria is does the constitution grant the right to pass that law.
The Bill of Rights was added to the constitution because some states refused to ratify it without them. Those opposed viewed them as unnecessary and even dangerous. Their belief was that it would be assumed the rights came from the government and could be rescinded instead of the reality of power being granted to the government by the people.
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lasergraph · 70-79, M
Carissimi you are correct. They lack of understanding is the reason we have lost the republic. We have a generation who no longer care and the masses who believe the snake oil rhetoric and the media.

Goralski That is the point. The supreme Court has hijacked the constitution for their own agenda and as the federal government grows the country shrinks as do your rights. It is obviously what everyone wants to live under a totalitarian dictatorship.
lasergraph · 70-79, M
Goralski ·You are correct and I fear we are already lost.
Very well stated laser. Thank you.

I have to wonder if our school systems teach young people anything about American government or civics any more? If they are only learning it from the media and politicians we are in very big trouble.
Goralski · 56-60, M
Maybe not history shows that there is usually an overreach that turns d tide
lasergraph · 70-79, M
Pinkstarburst History is almost a lost subject. What is taught is watered down politically correct versions. They have to make time to teach how to put a condom on a banana
Carissimi · F
Thank you, laser, this really puts it into perspective.

It's unfortunate that the government have taken all the power from the people. Yes, we have a choice to vote, but it appears we have a choice between one bad choice and another bad choice more often than not.
Carissimi · F
When you are born into a "nanny" state, and only know a nanny state, you don't want to let go because it's all you know. It's the way things have always been for you, so it must be the right way...the government in all aspects of your life.
SW-User
Ive tried explaining this to people. Its sad that the concept is so lost on many.
Goralski · 56-60, M
I know im being sarcastic. ...unfortunately most people are sheep and couldn't care less
Goralski · 56-60, M
Tell that to the supreme court
lasergraph · 70-79, M
Goralski, That shit is the law of the land.
Goralski · 56-60, M
That shit don't matter nowadays

 
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