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Rights?

A couple of short questions to TeWaitere,
followed by my perspective of the issues
raised in TeWaitere's post.

> When I first came to Europe I was surprised to
> discover that European law-makers, and those
> of the general public who could be bothered to
> even think about it, had a pretty low opinion
> of the US Constitution.

Why?

> The law-makers are busily trying to hammer out
> an EU constitution right now, and one of them
> (can't remember who) even went so far as to say
> the US Constitution is a model for how NOT to
> draft a constitution.

Why did he or she say this? Backed up with
what? Politicians everywhere say stupid,
stupid things... how is this comment
supported?

> In situations like this I can see what they
> mean. In the US Constitution all the emphasis
> seems to be on the individual's rights to the
> detriment of society's rights. Spam seems like
> a case in point.

> Or maybe, with the U-Can-Spam Act, the spammers
> just have the US House of Representatives in
> their pockets.

> Posted by: TeWaitere Posted on: 04/13/04



TeWaitere either didn't grow up in the United
States, or illustrates the failure of our
government schools to teach the basic precepts
and principles that our nation was built on.

The United States' Constitution recognizes
the fact that all rights are individual
rights. A group can not have more 'rights'
than the individuals who make up that group
have. Governments have delegated *powers*,
but these powers are given by the consent
of the governed, and (unlike rights), can
be revoked.

The Declaration of Independence outlines
how this government was founded to secure
(protect) individual rights, and that we
as individuals had certain rights because
we were humans. Some of those rights are
inalienable and can not be taken away, so
long as the actor respects others' equal
rights.

Before the US, governments were mostly
ruled by sovereigns, who were thought to
have gained their right to rule directly
from God (thus the so-called Divine Right
of Kings). The people were subjects, not
citizens.

Even now... if the governments of the EU
are unwilling to accept that humans have
inherent, inalienable rights, where do
any rights come from? Upon what moral
foundation is this Constitution formed?
And how will they avoid a tyranny of the
majority?

The United States had the right concept
for government, now sadly ignored in
practice. We've abandoned the constitu-
tional republic, and are sinking into
democracy, which is held up to be the
greatest good! But democracy is a
terrible thing, an invitation for rape
and plunder -- someone much wiser than
I has said that democracy is two wolves
and a sheep voting on what to have for
dinner. How true!

I hope that our friends in the EU somehow
avoid this trap... but is any of the
debate over their new constitution focused
on rights of the individual, or just on
powers of the government?


thomas.

Posted by: SelfGovern   Posted on: 06/21/04 You are currently: a Guest | Members login | Terms of Use

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