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Question: When rights conflict with one another, is there a primacy of rights?[W:349

Re: Question: When rights conflict with one another, is there a primacy of rights?

wrong... the constitution grants no rights at all. the bill of rights are declaratory and restrictive clauses on the federal government.....which prohibits the government from making any laws, which infringe on the recognized rights listed in the bill of rights....
The Preamble to The Bill of Rights
Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.
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.
THE CONSTITUTION PLUS AMENDMENTS CONSTITUTE THE COMPLETE DOCUMENT. Not all the Amendments are about Rights; some simply exist to change the Original Wording. For example, originally, Federal Senators were selected by State Legislatures, but the 17th Amendment changed that to allow direct elections of Federal Senators by the voting populace. So, if you study the Constitution without also studying the Amendments, you do not get the Complete and Accurate Picture. Therefore, as a logical result of the preceding, when the Amendments grant Rights, the Constitution is granting Rights. (But it is not usually necessary to be this finicky about it.)
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

THE CONSTITUTION PLUS AMENDMENTS CONSTITUTE THE COMPLETE DOCUMENT. Not all the Amendments are about Rights; some simply exist to change the Original Wording. For example, originally, Federal Senators were selected by State Legislatures, but the 17th Amendment changed that to allow direct elections of Federal Senators by the voting populace. So, if you study the Constitution without also studying the Amendments, you do not get the Complete and Accurate Picture. Therefore, as a logical result of the preceding, when the Amendments grant Rights, the Constitution is granting Rights. (But it is not usually necessary to be this finicky about it.)



the constitution does not grant or give rights, it only recognizes the natural rights which come from our humanity.

show me were the founders state the constitution grants any rights.

1-10..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.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

the constitution does not grant or give rights, it only recognizes the natural rights which come from our humanity.
FALSE, mostly because, for the most part, there is no such thing as "natural rights" (plural). There is no Right to Life in Nature. There is no Right to Liberty in Nature. What the Founding Fathers called "natural rights" was actually excellent Political Propaganda. Unlike most Propaganda, however, this particular sample had significant value, simply because any human that accepted it as true, despite the fact that it wasn't actually true, could "get along" better with other humans who also accepted it as true. The only actual Natural Right is a "right to try" --and every living thing has it. By virtue of being alive and needing sustenance (among other things), living things have a right to try to obtain sustenance (and those other things). None have any right to succeed, however, and so most living things get eaten by other living things....

show me were the founders state the constitution grants any rights.
THAT'S NOT WHAT I CLAIMED. I claimed that you must include the Amendments as part of the Constitution, after which only then can one say that the Constitution grants rights. I am not aware that the Founders thought of the document in that manner.

1-10..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.
YES, THAT IS HOW THE FOUNDERS THOUGHT OF IT. (Not as one overall document.)
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

FALSE, mostly because, for the most part, there is no such thing as "natural rights" (plural). There is no Right to Life in Nature. There is no Right to Liberty in Nature. What the Founding Fathers called "natural rights" was actually excellent Political Propaganda. Unlike most Propaganda, however, this particular sample had significant value, simply because any human that accepted it as true, despite the fact that it wasn't actually true, could "get along" better with other humans who also accepted it as true. The only actual Natural Right is a "right to try" --and every living thing has it. By virtue of being alive and needing sustenance (among other things), living things have a right to try to obtain sustenance (and those other things). None have any right to succeed, however, and so most living things get eaten by other living things....


sorry but you are in direct conflict with our founding documents and the founders themselves, and you don't understand life liberty and property at all.

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of (Happiness).<------------which means property.

samual adams--Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature

right , life, liberty and the pursuit of property ... means no other person can take you life, liberty, and the opportunity to obtain property,[mean land money, material goods] , ...there has never been a right to succeed, so I don't why you even went there.

and please do not attempt to tell me the founders used propaganda.



THAT'S NOT WHAT I CLAIMED. I claimed that you must include the Amendments as part of the Constitution, after which only then can one say that the Constitution grants rights. I am not aware that the Founders thought of the document in that manner.




the constitution with it bill of rights never granted rights, at ALL,[a piece of paper does not grant rights] the bill of rights only recognizes rights, and the courts have recognized ones which were not originally listed in the bill of rights. the bill of rights places restrictions of the federal government that it will make no law concerning the rights listed in the bill of rights.

the governments cannot create rights with amendments because that would deify the founding principles,, they can only create privileges, rights are endowed and unalienable, ...........privileges can be taken away
 
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Re: Question: When rights conflict with one another, is there a primacy of rights?

sorry no...... when i enter into commerce i dont surrender my rights by government decree, because rights cannot be surrendered...rights are unalienable

Why is that? Are you saying that no right has ever been taken away from anyone in the entire history of the world?
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

Why is that? Are you saying that no right has ever been taken away from anyone in the entire history of the world?

no.. an individual have had their rights taken away[ curtailed] when they have committed a crime, however rights themselves, meaning those of the public at large cannot be taken away.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

no.. an individual have had their rights taken away[ curtailed] when they have committed a crime, however rights themselves, meaning those of the public at large cannot be taken away.

So no person in the history of the world has ever had their rights taken away who has not committed a crime?
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

So no person in the history of the world has ever had their rights taken away who has not committed a crime?

not what I said.

a single person who commits a crime, can have his rights curtailed.

however rights , meaning the rights of all of the people, cannot be taken away for ALL of the people.....example: the government cannot make a law, and take away free speech for every citizen in one stroke.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

not what I said.

a single person who commits a crime, can have his rights curtailed.

however rights , meaning the rights of all of the people, cannot be taken away for ALL of the people.....example: the government cannot make a law, and take away free speech for every citizen in one stroke.

Why not?
 
Re: Question: When rights conflict with one another, is there a primacy of rights?


because government does not have the power to take away rights from the public at large.

because they have a restriction placed on them by the bill of rights.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

sorry but you are in direct conflict with our founding documents and the founders themselves, and you don't understand life liberty and property at all.
I DO UNDERSTAND. You are simply confused about Facts. For example, if Nature granted humans a "right to life", then no flood or earthquake or tornado or volcano or other Natural event would ever kill a human. Since the data shows that Nature doesn't care one whit about human life; it logically follows that in actual Fact, there is no such thing as a "natural right to life". It is a human invention only. And the same logic plus equivalent data shows there is no such thing in Nature as a right to Property, or to Liberty, and so on. The only right that Nature offers is, as I previously stated, a "right to try".

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them,
MERE SAY-SO DOES NOT MAKE IT SO. That's why I called such texts Propaganda. It is most excellent and useful propaganda, but it is not based on Facts of Nature --and that is precisely why it is Propaganda, not Truth. (And since humans are able to lie, and also humans, not God, wrote the Bible, there's no telling what sort of lies humans put in the Bible that humans claimed were the Word of God.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of (Happiness).<------------which means property.
MERE SAY-SO DOES NOT MAKE IT SO. Also, the above two blocks of quoted text don't really count as far as the Constitution is concerned, because the Constitution is the Law of the Land, not the Declaration of Independence.

samual adams--Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature
IT DOESN'T MATTER WHO MAKES A FAULTY CLAIM; the claim is still faulty. Self-preservation is merely the right to try. There is no right to succeed, and so many many living things perish while trying. Humans egotistically think they are special, but Nature doesn't treat humans one whit more special than any other life-form. Logically, since self-preservation may require obtaining Property, but there is no right to succeed at it, the Deduction is: There Is Actually No Natural Right To Property. It is purely a human invention. And so on, like I already stated.

right , life, liberty and the pursuit of property ... means no other person can take you life, liberty, and the opportunity to obtain property,[mean land money, material goods] , ...there has never been a right to succeed, so I don't why you even went there.
THE LACK OF A RIGHT TO SUCCEED AUTOMATICALLY TRASHES ALL THOSE OTHER "RIGHTS". That's why I went there. Since there is no Natural right to succeed at staying alive, it Logically Follows that there is no Natural Right To Life. Very Simple! The whole concept of "human rights" exists entirely to make it easier for humans to get along with each other. It is an extremely useful invention. And it has nothing to do with Nature.

and please do not attempt to tell me the founders used propaganda.
IT IS WHAT IT IS, a set of claims not backed up by actual Facts. It really does qualify much more as "propaganda" than anything else.

the constitution with it bill of rights never granted rights, at ALL,[a piece of paper does not grant rights] the bill of rights only recognizes rights,
NICE TRY, BUT NO CIGAR. The rights have to actually exist before they can be recognized. And since those rights don't actually exist in Nature, a document like the Constitution-plus-Amendments merely and only specifies details regarding a human invention; it truly does "grant" rights.

and the courts have recognized ones which were not originally listed in the bill of rights.
THAT DOESN'T MAKE THE COURTS CORRECT ABOUT NATURAL FACTS. It just means the courts are adding to the overall human invention!

the bill of rights places restrictions of the federal government that it will make no law concerning the rights listed in the bill of rights.
AND BY LISTING THEM AND PROTECTING THEM, THOSE RIGHTS ARE BEING ARBITRARILY DECLARED TO EXIST; they are being "granted" to the People, for strictly people-purposes. The net effect is almost the same as if those rights really did exist in Nature. I'm simply saying we shouldn't delude ourselves about how those rights came to be. (And I used "almost" because Nature still doesn't care one whit about what humans claim for themselves; Nature has not agreed to abide by the US Constitution.)

the governments cannot create rights with amendments because that would deify the founding principles,, they can only create privileges, rights are endowed and unalienable, ...........privileges can be taken away
SO CAN RIGHTS. Every felon loses the right to vote, for example. There are proposed Constitutional Amendments that would remove the right to bear arms, or remove the right-to-privacy that grants women access to abortions, and so on. It is a Very Good Thing that Amending the Constitution, while possible, is not easy! Other laws, of course, are much more easily changed. That's where the "privileges" to which you refer can be born --and later killed.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

because government does not have the power to take away rights from the public at large.

because they have a restriction placed on them by the bill of rights.

But you yourself have railed and posted quite often about the US government taking away your own rights in areas like commerce and the right of people like you to conduct business and their property rights.

How can you now say that the government cannot take away rights when you complain about the same being done?

It makes no sense since your own posts are evidence of the very thing happening that you now say is impossible to happen.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

But you yourself have railed and posted quite often about the US government taking away your own rights in areas like commerce and the right of people like you to conduct business and their property rights..


when it comes to federal, the government has move regulation of commerce inside the states, a place they were not given power, they were given power to regulate commerce among the states, so that state governments would not enact laws of commerce which effected neighbor states...such as barriers or trade wars, those kind of things brought the states under the articles of confederation to a stand still.

state have the power to regulate commence over people inside their state, however they don't have the power to force people to do things when the person has committed no crime, OR has not done something which could cause infringement of rights, by health or safety.





How can you now say that the government cannot take away rights when you complain about the same being done?


well what I mean is, we know if you commit a crime your rights can be curtailed, because of that crime.

government cannot take away rights of the people at large, thru legislation, because a restriction has been placed on them by the constitution, however that is no longer stopping them, because the patriot act, NDAA and other things they have done.

the problem mainly is because then they violate rights of the people thru laws, they have to be challenged in court by those with money, because for it to make thru the entire federal system to the ussc take lots of money and time, Obamacare was out on a fast track to the court and it still took 2 years.




It makes no sense since your own posts are evidence of the very thing happening that you now say is impossible to happen.

if you mean the restrictions of government you will see they no longer care what the bill of rights say, that is why as government grows and consumes more power, law means very little to them, that is why the founders wanted government limited to keep them from being tyrannical....which they are now.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

well what I mean is, we know if you commit a crime your rights can be curtailed, because of that crime.

government cannot take away rights of the people at large, thru legislation, because a restriction has been placed on them by the constitution, however that is no longer stopping them, because the patriot act, NDAA and other things they have done.

You just admitted that the government can and does take away rights.

You just proved yourself wrong by your own words.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

You just admitted that the government can and does take away rights.

You just proved yourself wrong by your own words.


no I state they have no authority to take away rights, however even though they have no authority , it is not stopping them from doing it.

again this is why the founders stated CLEARLY, that it government ever became unlimited it would use its powers and infringe on the rights of the people.

that is why Hamilton is federalist 84 states because the federal government has only delegated powers to act on ,this keeps them limited, and its impossible to infringe on the peoples rights, and he stated a bill of rights was not needed because of that.

“The Constitution allows only the means which are ‘necessary,’ not those which are merely ‘convenient,’ for effecting the enumerated powers. If such a latitude of construction be allowed to this phrase as to give any non-enumerated power, it will go to every one, for there is not one which ingenuity may not torture into a convenience in some instance or other, to some one of so long a list of enumerated powers. It would swallow up all the delegated powers, and reduce the whole to one power, as before observed” – Thomas Jefferson, 1791

this statement is clear if the federal government steps outside its enumerated powers, then they will come to be the only power their is. ...and having only one power is tyrannical and dangerous, that is why the founders didn't create a national government, but federal one, of divided powers, between states and the federal government.

and the founders also divided power between the people and the states, which is why they created a mixed government or mixed constitution.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

I DO UNDERSTAND. You are simply confused about Facts. For example, if Nature granted humans a "right to life", then no flood or earthquake or tornado or volcano or other Natural event would ever kill a human. Since the data shows that Nature doesn't care one whit about human life; it logically follows that in actual Fact, there is no such thing as a "natural right to life". It is a human invention only. And the same logic plus equivalent data shows there is no such thing in Nature as a right to Property, or to Liberty, and so on. The only right that Nature offers is, as I previously stated, a "right to try".

MERE SAY-SO DOES NOT MAKE IT SO. That's why I called such texts Propaganda. It is most excellent and useful propaganda, but it is not based on Facts of Nature --and that is precisely why it is Propaganda, not Truth. (And since humans are able to lie, and also humans, not God, wrote the Bible, there's no telling what sort of lies humans put in the Bible that humans claimed were the Word of God.


MERE SAY-SO DOES NOT MAKE IT SO. Also, the above two blocks of quoted text don't really count as far as the Constitution is concerned, because the Constitution is the Law of the Land, not the Declaration of Independence.


IT DOESN'T MATTER WHO MAKES A FAULTY CLAIM; the claim is still faulty. Self-preservation is merely the right to try. There is no right to succeed, and so many many living things perish while trying. Humans egotistically think they are special, but Nature doesn't treat humans one whit more special than any other life-form. Logically, since self-preservation may require obtaining Property, but there is no right to succeed at it, the Deduction is: There Is Actually No Natural Right To Property. It is purely a human invention. And so on, like I already stated.


THE LACK OF A RIGHT TO SUCCEED AUTOMATICALLY TRASHES ALL THOSE OTHER "RIGHTS". That's why I went there. Since there is no Natural right to succeed at staying alive, it Logically Follows that there is no Natural Right To Life. Very Simple! The whole concept of "human rights" exists entirely to make it easier for humans to get along with each other. It is an extremely useful invention. And it has nothing to do with Nature.


IT IS WHAT IT IS, a set of claims not backed up by actual Facts. It really does qualify much more as "propaganda" than anything else.


NICE TRY, BUT NO CIGAR. The rights have to actually exist before they can be recognized. And since those rights don't actually exist in Nature, a document like the Constitution-plus-Amendments merely and only specifies details regarding a human invention; it truly does "grant" rights.


THAT DOESN'T MAKE THE COURTS CORRECT ABOUT NATURAL FACTS. It just means the courts are adding to the overall human invention!


AND BY LISTING THEM AND PROTECTING THEM, THOSE RIGHTS ARE BEING ARBITRARILY DECLARED TO EXIST; they are being "granted" to the People, for strictly people-purposes. The net effect is almost the same as if those rights really did exist in Nature. I'm simply saying we shouldn't delude ourselves about how those rights came to be. (And I used "almost" because Nature still doesn't care one whit about what humans claim for themselves; Nature has not agreed to abide by the US Constitution.)


SO CAN RIGHTS. Every felon loses the right to vote, for example. There are proposed Constitutional Amendments that would remove the right to bear arms, or remove the right-to-privacy that grants women access to abortions, and so on. It is a Very Good Thing that Amending the Constitution, while possible, is not easy! Other laws, of course, are much more easily changed. That's where the "privileges" to which you refer can be born --and later killed.

lets start over again, by me asking you first, were do rights come from?.....and we can go from there.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

no I state they have no authority to take away rights, however even though they have no authority , it is not stopping them from doing it.

again this is why the founders stated CLEARLY, that it government ever became unlimited it would use its powers and infringe on the rights of the people.

that is why Hamilton is federalist 84 states because the federal government has only delegated powers to act on ,this keeps them limited, and its impossible to infringe on the peoples rights, and he stated a bill of rights was not needed because of that.

“The Constitution allows only the means which are ‘necessary,’ not those which are merely ‘convenient,’ for effecting the enumerated powers. If such a latitude of construction be allowed to this phrase as to give any non-enumerated power, it will go to every one, for there is not one which ingenuity may not torture into a convenience in some instance or other, to some one of so long a list of enumerated powers. It would swallow up all the delegated powers, and reduce the whole to one power, as before observed” – Thomas Jefferson, 1791

this statement is clear if the federal government steps outside its enumerated powers, then they will come to be the only power their is. ...and having only one power is tyrannical and dangerous, that is why the founders didn't create a national government, but federal one, of divided powers, between states and the federal government.

and the founders also divided power between the people and the states, which is why they created a mixed government or mixed constitution.

what self serving double speak ........... what utter nonsense ........ what poppycock.

If rights are truly unalienable then they CANNOT be taken away. But by your own admission - they CAN and have. So in the real world - the statement about unalienable rights is just a bunch of malarkey designed to fool the rubes and true believers.

You need a new line of argument because this one has been crushed and flushed, smashed and trashed. You need to start dealing in REALITY and not in THEORY.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

what self serving double speak ........... what utter nonsense ........ what poppycock.

If rights are truly unalienable then they CANNOT be taken away. But by your own admission - they CAN and have. So in the real world - the statement about unalienable rights is just a bunch of malarkey designed to fool the rubes and true believers.

You need a new line of argument because this one has been crushed and flushed, smashed and trashed. You need to start dealing in REALITY and not in THEORY.


a word I use many times in my post...........and you missed it...its call "authority".
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

lets start over again, by me asking you first, were do rights come from?.....and we can go from there.
THE CONCEPT OF "RIGHTS" is the real starting point. My handy paperback dictionary has quite a few definitions for the word "right", but these two seem relevant:
"in accordance with truth, justice, or propriety" (a bit less relevant)
"that to which one has a moral or legal claim" (the most relevant)
The actual most important key word is "claim". Rights basically exist because some people claim them, and others let them get away with it. (There's more to it than just that, so please hold off for a minute, on any knee-jerk reaction.)
Like I said, "rights" are a human invention.

There is this Grand Thing sometimes called "The Social Contract". It is a thing that each society creates as it experiments with various "social mores" and discovers what works to benefit that society, and what doesn't work. A lot of human cultures have concluded that something very workable involves getting everyone in the culture to agree on various statements like this one: "I will accept your claim that you have a right to life, provided you do the same for me." (See? Every individual can make the claim, and everyone else lets him or her get away with it! :)) Obviously rights to Liberty and Property and other things can begin to exist in that culture via extremely similar statements. In one respect the US Constitution is our Nation's Social Contract; surely you must have encountered statements such as, "If you don't like our rules, you are free to move to some other country." --there is an assumption that everyone raised in the USA will automatically accept the Constitution (and everyone who immigrates to become a citizen is required to accept it). That assumption is probably a mistake, because even though most born citizens do accept it, there are always a few who don't, and make trouble.

Anyway, the Logic here is, because the Constitution (plus Amendments) spells out various rights, and because the People accept that overall document, therefore do those rights exist in the USA. No other rationale need apply!
 
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Re: Question: When rights conflict with one another, is there a primacy of rights?

a word I use many times in my post...........and you missed it...its call "authority".

It really does not matter if you call it a pot roast or a hemorrhoid..... the fact is a simple one and beyond dispute: you repeatedly claim that rights are unalienable and by your own words you have shown that this is simply not true. It is just ideological fluff for the rubes and true believers and you know it because you have admitted that governments take away and restrict rights. They do it through the exercise of power......... or AUTHORITY if you like ........ or for expediency....... or for convenience ..... or to further some state goal ......... but they do it just the same.

Your precious concept of unalienable rights is a fraud that does not exist in the real world.

lets start over again, by me asking you first, were do rights come from?.....and we can go from there.

Easy - rights come from the people demanding that a certain behavior be protected by the state. They exert enough influence or power or force to compel the state to accept their demands and to protect that behavior as a protected right.

There is no God... god .... gods ... or force of nature .... at work in the heavens dispensing rights like PEZ candy. :roll:
 
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Re: Question: When rights conflict with one another, is there a primacy of rights?

It really does not matter if you call it a pot roast or a hemorrhoid..... the fact is a simple one and beyond dispute: you repeatedly claim that rights are unalienable and by your own words you have shown that this is simply not true. It is just ideological fluff for the rubes and true believers and you know it because you have admitted that governments take away and restrict rights. They do it through the exercise of power......... or AUTHORITY if you like ........ or for expediency....... or for convenience ..... or to further some state goal ......... but they do it just the same.

Your precious concept of unalienable rights is a fraud that does not exist in the real world.



Easy - rights come from the people demanding that a certain behavior be protected by the state. They exert enough influence or power or force to compel the state to accept their demands and to protect that behavior as a protected right.

There is no God... god .... gods ... or force of nature .... at work in the heavens dispensing rights like PEZ candy. :roll:

While objectively, that claim is essentially correct, EB's argument is as well since the concept of inalienable rights are the foundation that the Constitution was based upon and thus is the underlying premise of the laws and social contract in this nation. But you are correct in the sense that if some human tries to abrogate your "inalienable rights" it is other humans who have to act to prevent that, not the ArchAngel Gabriel or a lightning bolt from the heavens.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

While objectively, that claim is essentially correct, EB's argument is as well since the concept of inalienable rights are the foundation that the Constitution was based upon and thus is the underlying premise of the laws and social contract in this nation. But you are correct in the sense that if some human tries to abrogate your "inalienable rights" it is other humans who have to act to prevent that, not the ArchAngel Gabriel or a lightning bolt from the heavens.

We have been through this before Turtle. While I do appreciate you saying I am basically correct, the idea that the Constitution was based on natural rights in no way, shape or form validates or proves the existence of any such thing beyond a mental construct that is a product of willful self belief. Yes, some of the Founders believed in the concept and gave us the Constitution. That is no different than a wealthy man believing in the Faerie Kingdom and constructing an elaborate Faerie Castle complete with audio animatronic faeries and creatures which take your breath away with their believability. The castle is real and so are the robots - but the Faerie Kingdom never was. Same with the Constitution and natural rights.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

We have been through this before Turtle. While I do appreciate you saying I am basically correct, the idea that the Constitution was based on natural rights in no way, shape or form validates or proves the existence of any such thing beyond a mental construct that is a product of willful self belief. Yes, some of the Founders believed in the concept and gave us the Constitution. That is no different than a wealthy man believing in the Faerie Kingdom and constructing an elaborate Faerie Castle complete with audio animatronic faeries and creatures which take your breath away with their believability. The castle is real and so are the robots - but the Faerie Kingdom never was. Same with the Constitution and natural rights.

well here is the problem. Those who note that natural rights are the foundation of the constitution are correct. It is what the document is premised upon and it is what guides the laws of this nation. Does God enforce Natural Rights? Not on this earth. But its people who support the constitution who do. Those who don't like what the constitution actually states, tend to want to reject the entire foundation upon what it is premised upon in an effort to delegitimatize the boundaries the founders put on a government of humans. Generally, those who engage in such an attack are far more accepting of more and more government than those who note the inalienable rights concept.

But since natural rights were the foundation for those limitations contained in the law of the land, it is equally proper for those who want the law of the land to be followed as INTENDED, to note that natural law was the creative concept behind the supreme law of the land
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

well here is the problem. Those who note that natural rights are the foundation of the constitution are correct. It is what the document is premised upon and it is what guides the laws of this nation. Does God enforce Natural Rights? Not on this earth. But its people who support the constitution who do. Those who don't like what the constitution actually states, tend to want to reject the entire foundation upon what it is premised upon in an effort to delegitimatize the boundaries the founders put on a government of humans. Generally, those who engage in such an attack are far more accepting of more and more government than those who note the inalienable rights concept.

But since natural rights were the foundation for those limitations contained in the law of the land, it is equally proper for those who want the law of the land to be followed as INTENDED, to note that natural law was the creative concept behind the supreme law of the land

A simple correction and clarification in your statement: Those who note that A BELEIF in natural rights are the foundation for the Constitution are correct.

One can rejects the belief in the concept of natural rights (as I do) and still be head over heels in love with the Constitution (as I am).

A belief in something which cannot be proven to exist should be exposed as just what it is - pure belief without any real world evidence of its existence. The idea that rights are anything but creations of man and the desire of man to have certain behaviors protected by their government is what reality tells us.

The sad fact is that rights are not unalienable as Ernest himself points out when he describes how (in his opinion) they have been eroded by government. If rights are indeed unalienable - then that could not happen. But it does thus disproving the very idea of unalienable rights. And that has nothing to do if one supports rights or supports government or supports the turkey as the national bird. It is a simple recognition of reality.
 
Re: Question: When rights conflict with one another, is there a primacy of rights?

A simple correction and clarification in your statement: Those who note that A BELEIF in natural rights are the foundation for the Constitution are correct.

One can rejects the belief in the concept of natural rights (as I do) and still be head over heels in love with the Constitution (as I am).

A belief in something which cannot be proven to exist should be exposed as just what it is - pure belief without any real world evidence of its existence. The idea that rights are anything but creations of man and the desire of man to have certain behaviors protected by their government is what reality tells us.

The sad fact is that rights are not unalienable as Ernest himself points out when he describes how (in his opinion) they have been eroded by government. If rights are indeed unalienable - then that could not happen. But it does thus disproving the very idea of unalienable rights. And that has nothing to do if one supports rights or supports government or supports the turkey as the national bird. It is a simple recognition of reality.

You are wrong. he is correct about saying government is eroding inalienable rights because the government has eroded rights the founders saw as being sacrosanct. YOur concept of proof is incorrect as well. All EB has to do is state what the inalienable right is and note it has been eroded and prove the existence of the erosion.

you are confusing enforcement with existence where the right came from.

of course if there were no men, there would be no rights to vest in them
 
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