The thread of Liberal Stupidity


#1984

Except when you say likewise it would be more accurate to say “in a completely different manner”.

Everyone knew the 14th amendment repealed the 3/5 compromise at the time. It was utterly unambiguous. That’s a very long way away from discovering an interpretation that allows you to take several amendments together and make an argument for a potential unforeseen circumstance.


#1985

Yet in our lifetime the second amendment has come to viewed as a personal right, the Constitution has come to include a right to privacy, that inferred right to privacy has come to mean you can’t outlaw abortions, and we aren’t far away from coming to believe that you an outlaw abortions whether or not the right to privacy is there.


#1986

And many people have come to view health insurance and other social welfare programs as constitutional rights.


#1987

Not so much as constitutional rights as basic human dignity.


#1988

There are people wo say they are “rights”. I have always assumed that term meant constitutional. If not I wonder what they are talking about. Let’s face it, the constitution isn’t about “basic human dignity”, it never has been.


#1989

Who needs human dignity when you have a perfect, immutable document set down by your betters 250 years ago?


#1990

Image result for master shake why is anything anything


#1991

Exactly, many of them slave owners.


#1992

Well, there is the Declaration of Human Rights.

Articles 22 through 26 are ones I would appreciate having, but alas, those seem to be limited mostly to the rent seeking class, and not to people that actually have to earning a wage.

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Anyway, these are not constitutional rights, and I’m sure they aren’t binding. And they sure as hell wouldn’t apply to anyone in the USA, because that might cut into company profits.

I wish we lived in a better country sometimes.


#1993

Not all rights are found in the Constitution. For instance, most workers have the right to a minimum wage.


#1994

Very true, the 9th specifically points this out. Which is how we got the Right to Privacy.

Not really a right. It’s just a law. Look at waitresses, they don’t get it.


#1995

It’s a law that establishes a right for most workers. Not all.

Just as not all rights are found in the Constitution, not all rights are universal. For example felons don’t necessarily have a right to vote or bear arms.


#1996

Rights can’t be repealed. They could repeal minimum wage tomorrow if they had the votes.

Edit: Mind you, that may vary from state to state. I’m sure min wage IS a right in some states, just not most of them.


#1997

Haha what? No right is absolute. Your right to bear arms could be repealed the moment enough voters decided to get rid of the Second Amendment. It’s a higher bar than getting rid of the minimum wage, but it can still be done.


#1998

Sure, but that’s a big difference.

Anything that can be destroyed by a legislative vote isn’t a right, because rights are specifically things that the government can’t deny you.


#1999

The Second Amendment can be destroyed by a series of legislative votes.


#2000

https://www.chronicle.com/blognetwork/edgeofthewest/2013/12/31/right-vs-law/

Rights – in the constitutional sense – are not created by the laws. They exist independently, and the laws are there to protect them, not to establish them.

I think we’re at the point of semantics, but we are talking about legalese, so really it’s all semantics.


#2001

Yes, there are people, like the author of the article, who believe that rights are created by God (or are otherwise found in an invisible supernatural realm). I find that position very difficult to prove, in fact not much easier than trying to prove what God wants you to do.

Operationally, there is no difference between a right that “isn’t protected” and a right that simply doesn’t exist. Legally, the only rights you have are those written into law.


#2002

Rights are inherent, not given. But that doesn’t mean they can’t be abrogated by a superior force. The right still exists, its just being suppressed by the guy with the bigger club.


#2003

Oooo, are we gonna do an argument over natural rights vs legal rights? Hang on, I gotta make some popcorn.