Our Rights,what constitutes our rights?

We always talk about our rights,the 2a,govt overreach,but it occurs to me that everyone doesn’t have the same thoughts on our rights how about this,

Let’s discuss and or list our constitutional,and human rights - rights not wants. What say you all, in a respectful manner (I say respectful out of caution but am grateful everyone has always been so)

What are our rights,and what is govt overreach?

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The Bill of Rights are in black and white and are pretty clear. Government overreach is the blockade of any of those stated rights. Really hard subject, would love to do this face to face and have solid discussion and let my thoughts come out faster than I can type.
The fact that the subject of true government overreach is happening before our eyes is historic. And personally I feel powerless, and that feeling comes from said overreach!
Every movie that depicts this situation always has a somewhat happy ending, if the government (Washington Democrat’s) continues in this fashion, life and all those sacred rights will be gone, and the socialists and liberals will have their wishes come true.
As far as “wants” are concerned? I want health care workers to be as safe as possible. No matter what. If they have to beg, borrow or steal, more power to them. They will get us back to “normal”! Without their skills we are done.
Now is the time for the 2A. How much longer do we wait? Tanks on the street is way too late.
Freeing prisoners is government overreach. They are pushing for martial law and blood soaked streets!
However I am not going down without a fight.

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The Bill of Rights, is the list of rights that are Constitutionally protected. Not granted, protected. That’s the biggest misconception. The Constitution doesn’t grant is any rights. It stops the government from limiting them. Now, what I want, is for that statement to be made 100% true.

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Our rights , as the founders understood and intended , are individual in their nature. They are natural and supersede the Bill of Rights and the Constitution, only “guaranteed”, and not granted, by the Bill of Rights. This is the rub with so many, they find it easier to restrict rights than it is too attended to the liberty and freedom our creator gave each of us.

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I would like as little government input as possible,
But whatever is defined under human rights is a right…

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It is an interesting question you have posed here. What is a right? For legal purposes, we have to look to the Constitution which enumerates several in the Bill of Rights, but we really need to start with the Declaration of Independence and then move to the Constitution, Bill of Rights, collectively known as “The Charters of Freedom” and then other 17 Amendments to the Constitution.
The Declaration starts by addressing “certain unalienable Rights, among these are Life, Liberty and the pursuit of Happiness.” It goes on to say, “that to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed” It is obvious, that the Declaration was not an enumeration of all of our rights (“among these”) and that those rights are not necessarily easy to define, i.e. “the pursuit of happiness.”
If we then move to the Constitution, its stated purpose is “to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.” Something that needs to be recognized with the purpose of both of these documents, is that there is a tension created between them. For example, insuring justice often leads to the loss of liberty. Promoting the general welfare will usually mean that another’s rights are subjected to some limits. And providing a common defense will always lead to some peoples loss of freedom by inscription into the military with its requirements of obedience and the likely loss of life in defending the Union.
Moving to the Bill of Rights, while it is true that these are rights that are guaranteed and the document prohibits the government from violating these rights. It is always a good idea to look at the Preamble to the Bill of Rights to see its purpose as well.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Also, keep in mind that the Bill of Rights, when adopted, only applied to the federal government. The state was considered the protector of the people and the fed needed it’s power restricted. It wasn’t until the Civil war and the 14th Amendment was ratified, that the states were put under some restrictions by the Constitution. Before the 14th Amendment, many states did restrict the right to bear arms and concealed carry was restricted in many states. And, even after the 14th Amendment, it has been up to the Supreme Court to determine which pieces of the Bill of Rights are incorporated into the 14th Amendment and therefore, applicable to the states. Until recently, the 1st, 4th, 5th, 6th and 8th have been incorporated in their entirety. It wasn’t until DC v Heller and Chicago v. McDonald, less than 10 years ago. that the 2nd amendment was incorporated into the 14th.
But again, all of these rights live in tension with the law. Freedom of speech, religion and the press are not absolute. There will always be limits.

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I believe the ‘inalienable’ rights referred to in the Bill of Rights are those innate, inborn, preset inclinations that every human has at birth, without having learned or earned them. We ‘just know’ to eat and replenish our bodies, and the protective instinct kicks in when danger is imminent, even though the individual reaction will vary from freezing to avoidance to action. It’s completely natural for us to do those things that will bring us satisfaction in our lives, and that’s as unique to each person as appearance. When the government begins interfering in, or making laws that override these God-given instincts, they are treading on the extremely personal, individual, and universally untouchable, human rights. Bottom line (to me) is the Gov’t doesn’t have the power to take what it doesn’t have the power to give, and the inalienable rights are given by the Creator.

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@MikeBKY Thank you for taking your time and providing a well-considered civics lesson.

Excellent share. Thank you. On the 14th Amendment however, I reserve some doubt regarding the exclusion of the 2A. Constitutional scholar and historian Stephen P. Halbrook in his “Securing Civil Rights,” (The Independent Institute, 1998 by Halbrook) bore out rather convincingly that at its passage, the Fed and all states understood clearly that its passage included, specifically, suffrage and the right of Freedmen to keep and bear arms. These two rights were debated. Several of the southern states were forced to rewrite their constitutions before they could reenter federal union.

The Freedmen’s Bureau Act led the way in 1866, followed by the Civil Rights Bill, and the 14th Amendment. Local papers, including Loyal Georgian, a popular black paper of the time, carried the good news. Halbrook cites one man’s inquiry to the editor, specifying in request if the right to keep and carry arms were true. To which the editor confirmed the Second Article (2A) was now valid, that “Colored Persons” now possessed full rights as did all whites, and the article now “gives the people the right to bear arms, and states that this right shall not be infringed.” And “All men, without distinction of color, have the right to keep and bear arms to defend their homes, families or themselves.” (Securing Civil Rights, pp. 21-22.)

Halbrook’s work is so reliable, the Supreme Court has cited his work. If the exiting SCOTUS has failed to recognize that our 2A is included and intended in the 14th Amendment, their failure or oversight cannot annul the precedent understood at its passage. I recommend his work. Halbrook has other books on the same subject worthy of read.

One of the issues of Rights you did well to mention, is the question of limitations. On this however, our courts are slowly coming around. The People are not requesting their right to bear shoulder rocket launchers. We have even suffered since 1933 (?) limitations on automatics. But the falsely called, politically motivated definition of “assault weapon” can be challenged as a violation of the State.

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WE HAVE A WINNER!

INALIENABLE / UNALIENABLE NATURAL RIGHTS.
*Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal , fundamental and inalienable (they cannot be repealed by human laws, though one can forfeit their enjoyment through one’s actions, such as by violating someone else’s rights). Natural law is the law of natural rights.

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I did not say the 2nd Amendment should not have always applied to the states. But, until McDonald v. City of Chicago, it had not been been incorporated into the 14th Amendment’s Due Process clause. The McDonald court overruled United States v. Cruikshank, 92 U. S. 542 (1876), Presser v. Illinois, 116 U. S. 252 (1886), and Miller v. Texas, 153 U. S. 535 (1894) which were decided on the Privileges and Immunity Clause of the 14th Amendment.

The Heller case, heard 2 years before McDonald, determined that 2A protected the right to keep and bear arms for self defense in the home. But, since DC is a federal “District”, not a state, it did not answer whether the right also applied to the states. The McDonald court answered that question in no uncertain terms.

Two years ago, in District of Columbia v. Heller, 554 U. S. ___ (2008), we held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense, and we struck down a District of Columbia law that banned the possession of handguns in the home. The city of Chicago (City) and the village of Oak Park, a Chicago suburb, have laws that are similar to the District of Columbia’s, but Chicago and Oak Park argue that their laws are constitutional because the Second Amendment has no application to the States. We have previously held that most of the provisions of the Bill of Rights apply with full force to both the Federal Government and the States. Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States.

Here is a link to the McDonald opinion

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I learned about a 2A gun rights conference this weekend. For more info, read on below:

Virtual (Zoom) Conference

Saturday & Sunday, Sept. 19 & 20th

by the

Second Amendment Foundation (SAF)

If you register today, or on Friday, Sept. 18th, you might also receive a reply with an additional shorter pre-conference virtual “social” (more relaxed) gathering on this Fri. at 6:00PM CST, as well

35th Annual Gun Rights Policy Conference is Online
September 19 and 20, 2020
2020 Theme: ELECT FREEDOM!

You will receive free books worth over $150. This year they will be links to PDFs.

  • · Sat. 9/19, 10:00AM to 5:30PM CST
  • · Sun. 9/20, 12:00PM to 7:05PM CST

If the times aren’t convenient, there will also be a special link for registrants to view the videos after they are live.

Source, to Register, and view the conference agenda, please scroll down to the bottom within this link (click on) below:

Main page link to SAF:
https://www.saf.org