Friday, January 20, 2017

Does the Constitution, itself, guarantee any rights?

If the US Constitution and its Amendments doesn't guarantee your right to a free education, then do you have any rights that are guaranteed by the Constitution and its Amendments?  Well, as a matter of fact, there are several rights that are guaranteed ... as you probably already know.  So, let's look into them ... starting with the Constitution itself.

The U.S. Constitution was nicely divided into sections by the Founding Fathers.  The first section is the Preamble. Interestingly enough, this bit of the Constitution outlines why the Constitution was written.  While the purpose of the Constitution is outlined, there is absolutely no reference to rights, much less any sort of guarantees.  So, that's one section down.

From there, the Constitution moves on to Article I in which outlines the Legislative branch of the new government.  Section 1 declares the existence of of the Congress and that it is divided into the Senate and the House of RepresentativesSection 2 goes on to define the nature of the House of RepresentativesSection 3 defines the nature of the SenateSection 4 outlines how the election processes for the Senators and Representatives as well as the fact that Congress "shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December".  Section 5 explains that each House, basically, governs its own existence and rules of operations.  Section 6 covers the compensation associated with serving in the Senate and House of Representatives.  Article 7 outlines the basic process of generating bills and how they become laws.  Section 8 declares many specific powers granted to Congress.  Section 9 lists several things that are specifically disallowed to Congress.  Section 10 lists a few powers specifically not allowed to the States.  So, once again, Article I makes no mention of rights.

Article II addresses the Executive branch of the government.  Section 1 explains the process by which the President is to be elected.  Section 2 establishes the President as the Commander in Chief of the armed forces and his powers with regard to treaties, etc.  Section 3 states that the President "shall from time to time give to the Congress Information of the State of the Union".  Section 4 discusses impeachment.  I realize it is getting boring but, yet again, there is no discussion of "rights".

Article III covers the Judicial branch of the government.  Section 1 defines the basic structure of the federal court system.  Section 2 covers the jurisdiction of the federal courts.  Section 3 discusses treason and the federal courts.  Guess what ... yup, still no mention of "rights".

Article IV discusses "States Relations", i.e. the relationships between the various states and between the new government and the states.  Section 1 starts out by clarifies the recognition of the fact that the "public Acts, Records, and judicial Proceedings" of each state will be recognized by the other states while also providing for the new government's power to define exactly how that recognition and "proof" shall occur.  Section 2 goes on to to clarify the fact that the citizens of any one state will have all the protections and privileges of the citizen of any other, no matter whether they are in their home state or any other, as well as the fact that any person charged with a crime in one state who flees to another shall be extradited.  Section 3 covers the means for admitting new states into the union and the creation of "territories".  Section 4 closes this Article by establishing the responsibilities of the United States to every member state, i.e. to "guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and ... against domestic Violence."  At this point, there has still been no mention of any rights of the individual citizens.

Article V defines the manner in which the Constitution can be amended.  Interestingly enough, our Founding Fathers, while creating a truly fantastic new form of government and doing so through the creation of a written document, realized that they were not infallible and omniscient and that there would arise issues that would require adjustments to the document and government they were creating.  Still, this Article also does not discuss any sort of guaranteed rights of citizens.

Article VI addresses "Prior Debts, National Supremacy, Oaths of Office".  First and foremost, Section 1 commits the new government to honor the debts incurred by the preceding form of government ... which was unlike most "new governments" created before or, for that matter, after this one.  Section 2 goes on to establish the supremacy of the Constitution, the laws, and any treaties made by the new government over those of the various states and to bind the judges of the various states to abide by the Constitution and those laws and treaties.  Again, this Article addresses the states and the new government without discussing any individual rights.

Finally, Article VII declares the ratification of the Constitution by nine of the thirteen states to be sufficient for the Constitution to establish "this Constitution between the States".  So, having reviewed the Constitution Article by Article, it is clear that there are NO individual rights guaranteed by this document as it was originally written.

I apologize for the length of this entry but it was, to a great extent, unavoidable in order to clarify my point regarding the rights guaranteed by the Constitution of the United States.  I will next address the various Amendments, especially the first 10 (aka "The Bill of Rights").

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