...many conservatives mistakenly believe that our rights come from the first Ten Amendments to the Constitution. So they speak of “our constitutional rights”, “the bill of rights”, our “First Amendment right to free speech”; “our Second Amendment right to bear arms”, and so forth. But it is a dreadful mistake to think that our rights come from the Constitution. I’ll show you two reasons why this is such a pernicious error: a) It is logically incoherent to say that our Rights come from the Constitution: Let us read the Preamble to the US Constitution: WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. WE THE PEOPLE established and ordained the Constitution. WE are the ones who created the federal government with its three branches: legislative, executive, and judicial. WE are the ones who gave the federal government permission to exist and told it exactly what it had permission to do, when WE assigned enumerated powers to each branch. WE are the “creator” – the federal government is merely our “creature”. (Federalist No. 33 ( 6th para), A. Hamilton.) So! The Constitution is about the Powers which WE THE PEOPLE delegated to the federal government. The Constitution is NOT about Our Rights, which come from God and thus pre-date & pre-exist the Constitution!
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