[quote]Mikeyali wrote:
rainjack wrote:
I don’t think that constitutional rights are guaranteed by our creator. They were voted on and ratified by Congress, and by 2/3 of the individual sates.
The Constitution merely enumerates rights that are granted to us by our Creator. Such is the reason of the 9th amendment.
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
The founders couldn’t necessarily think of all of the rights we have, so they decided to account for them here. If nothing else this is a case for natural law. Many key federalists opposed putting the Bill of Rights in for two reasons:
1-It was unnecessary. Our rights are given to us by God and not a Constitution; natural law would protect them. There was no threat of a republic taking those rights.
2-By making a Bill of Rights you are limiting the number of rights that are truly God-given. This of course resulted in the 9th amendment.
Madison and Jefferson corresponded on this topic at length while TJ was the American ambassador to France.
And if you don’t like that argument, there’s always Hamilton:
The sacred rights of mankind are not to be rummaged for among old parchments or musty records. They are written, as with a sunbeam, in the whole volume of human nature by the hand of the divinity itself and can never be erased or obscured by mortal power.
-Hamilton, “The farmer refuted”, 2/23/1775
Americans are being tortured daily. They are being beheaded, drug through the streets, hung off bridges, among other things.
Do I like it? Hell no. But is it is a fact of war. Soldiers are trained on what to say when they are captured. Why? Because they know damn good and well if they are - they will most likely be tortured.
Should we do it to our own citizens? That has nothing to do with this discussion. It never has.
But why shouldn’t it be done to our own citizens then? If the next Timothy McVeigh could be stopped with a minute of waterboarding why not support that? He is protected merely because of the country in which he crawled out of his mom’s vagina?
I concede that if you look at it on a legal standpoint you can make your argument. But the rights of man are universal sir! We hold these truths to be self evident that ALL men are created equal and are endowed by their creator with certain inalienable rights…The Bill of Rights merely wrote a great many of them down. Our rights are not given to us by a paper. They are given by God and retained only by our own blood and steel.
mike[/quote]
This is silly.
There are three inalienable rights - Life, Liberty, and the Pursuit of Happiness.
Those are God Given -if there is such a thing. I am pretty sure that if God truly cared - he would have enumerated our rights in the Bible - not the Constitution.
The context of Hamilton’s words were not that of the War on Terror, but rather that of a new country trying to express it’s strong belief in self-determination and freedom from tyranny.
Now you want to exptrapolate that out to afford our enemy constitutional protection?
Was the Confederacy extended that consideration? Hell no - and that was brother against brother.
I don’t think we extend constitutional protection to those that want to see our constitution replaced with their version of the Koran - or however you spell the book of murder.