If there is a single sentence that embodies the essence of the United States of America, it is this one, near the beginning of the Declaration of Independence more than 200 years ago. It is the statement on which our nation was founded. The Declaration goes on to say that the sole purpose of government is to protect these rights. These rights are given to us not by any man or group of man, not by any government or institution; it is made quite clear in our founding document that these unalienable rights are given to us by God. It is made clearer in the Ninth and Tenth Amendments to the Constitution that the government's role is not to grant rights, but to protect them; and that the purpose of our founding documents were to protect the people against abuses of power by government:
The Ninth Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
It cannot be made clearer that government is to be limited. A bloody war was fought to throw off the chains of an oppressive government, and it would all be a waste if we were to become as oppressive ourselves as that government so many sacrificed their lives to free ourselves from.
Sadly, we are doing just that. As we prepare to celebrate our independence from the British Empire, our Congress is preparing to confirm to the Supreme Court Barack Hussein Obama's nominee, Elena Kagan. When asked her opinion of "natural rights" not specifically stated in the Constitution, Elena Kagan responded, "To be honest with you, I don't have a view of what are natural rights independent of the Constitution." In other words, if it's not stated in the Constitution, it's not a right of the people.
But this is the opposite of what the Constitution actually says! Many states refused to ratify the Constitution without the inclusion of a Bill of Rights to specifically limit the government from taking powers, concerned that if the Constitution didn't say the people had a certain right, the government may someday assume it wasn't a right at all. Others countered that if the Constitution did contain mentions of specific rights, that the government might someday assume that those not specifically mentioned were up for grabs. We'll never know what course our history would have taken without the Bill of Rights, but it is clear now that those who argued against the inclusion of a Bill of Rights were justified in their fears.
The one and only purpose of the Supreme Court is to be sure that the Constitution is upheld. Yet we have a Supreme Court who recently only upheld the Second Amendment (right to bear arms) by a margin of a single vote when called on to judge the Constitutionality of an illegal ban on guns in Chicago; and now we are about to confirm a Justice who refuses to acknowledge the specific wording of the Declaration of Independence and the Ninth and Tenth amendments.
This Independence Day, it is time to look back not just to the Constitution, but to the Declaration of Independence. I'd like to quote Abraham Lincoln in a speech given in Peoria, Illinois on October 16, 1854:
Read it again. Lincoln's thoughts at the time were in regards to abolishing slavery, but it is every bit as relevant today. In exchange for government benefits we have bit by bit surrendered freedoms to those whose purpose is to protect those freedoms, and have come to a tipping point at which we may soon lose them all or fight to save them. To quote Tom Waits, "There's always free cheddar in a mousetrap; it's a deal, it's a deal!"
Read Lincoln's words again:
"Let us re-adopt the Declaration of Independence, and with it, the practices, and policy, which harmonize with it. [...] If we do this, we shall not only have saved the Union: but we shall have saved it, as to make, and keep it, forever worthy of the saving."
In short, my point is this: Nathan's makes delicious hot dogs, but I don't like sauerkraut.
The Ninth Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
It cannot be made clearer that government is to be limited. A bloody war was fought to throw off the chains of an oppressive government, and it would all be a waste if we were to become as oppressive ourselves as that government so many sacrificed their lives to free ourselves from.
Sadly, we are doing just that. As we prepare to celebrate our independence from the British Empire, our Congress is preparing to confirm to the Supreme Court Barack Hussein Obama's nominee, Elena Kagan. When asked her opinion of "natural rights" not specifically stated in the Constitution, Elena Kagan responded, "To be honest with you, I don't have a view of what are natural rights independent of the Constitution." In other words, if it's not stated in the Constitution, it's not a right of the people.
But this is the opposite of what the Constitution actually says! Many states refused to ratify the Constitution without the inclusion of a Bill of Rights to specifically limit the government from taking powers, concerned that if the Constitution didn't say the people had a certain right, the government may someday assume it wasn't a right at all. Others countered that if the Constitution did contain mentions of specific rights, that the government might someday assume that those not specifically mentioned were up for grabs. We'll never know what course our history would have taken without the Bill of Rights, but it is clear now that those who argued against the inclusion of a Bill of Rights were justified in their fears.
The one and only purpose of the Supreme Court is to be sure that the Constitution is upheld. Yet we have a Supreme Court who recently only upheld the Second Amendment (right to bear arms) by a margin of a single vote when called on to judge the Constitutionality of an illegal ban on guns in Chicago; and now we are about to confirm a Justice who refuses to acknowledge the specific wording of the Declaration of Independence and the Ninth and Tenth amendments.
This Independence Day, it is time to look back not just to the Constitution, but to the Declaration of Independence. I'd like to quote Abraham Lincoln in a speech given in Peoria, Illinois on October 16, 1854:
"Nearly eighty years ago we began by declaring that all men are created equal; but now from that beginning we have run down to the other declaration, that for some men to enslave others is a "sacred right of self-government." [...] Our republican robe is soiled and trailed in the dust. Let us repurify it. [...] Let us re-adopt the Declaration of Independence, and with it, the practices, and policy, which harmonize with it. [...] If we do this, we shall not only have saved the Union: but we shall have saved it, as to make, and keep it, forever worthy of the saving."
Read it again. Lincoln's thoughts at the time were in regards to abolishing slavery, but it is every bit as relevant today. In exchange for government benefits we have bit by bit surrendered freedoms to those whose purpose is to protect those freedoms, and have come to a tipping point at which we may soon lose them all or fight to save them. To quote Tom Waits, "There's always free cheddar in a mousetrap; it's a deal, it's a deal!"
Read Lincoln's words again:
"Let us re-adopt the Declaration of Independence, and with it, the practices, and policy, which harmonize with it. [...] If we do this, we shall not only have saved the Union: but we shall have saved it, as to make, and keep it, forever worthy of the saving."
In short, my point is this: Nathan's makes delicious hot dogs, but I don't like sauerkraut.
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