Re:Gitmo Is Killing Me
by randallsquared on Monday April 15, 2013 @01:33PM
(#5552788)
> The Declaration of Independence has no legal significance.
No disagreement there; I only brought it up as something that "might indicate" what the framers were thinking when they failed to grant any rights in the Constitution.
On the rest, I'm no constitutional scholar; you may well be right on how this was viewed then.
Your comment about the U.S. not existing shows a misunderstanding of the nature of the Constitution. The Constitution is essentially a contract outlining the delegation of powers to the federal government from the sovereign state governments. The rights therein were viewed as already operative, but not because they were viewed as rights intrinsic to humanity, but because they were rights already enjoyed by citizens of the several states. When the Constitution talks about "people" it is not talking about "people in general." It is talking about "the people"--the body politic of the several states which combined to form the union. Those are the people who have rights under the Constitution.