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Originally posted by sos37
reply to post by SpectreDC
I don't agree with your diatribe. "Natural Rights" are a concept. An opinion of what you THINK you have, of what you deserve. Yes, I said an OPINION.
In reality you are born with nothing. You deserve nothing. You are given nothing except what those around you will give to you.
You scream and rant about "rights" that all people have imbued in them simply by being born. There is only one right that you have at any one time and that is the right to resist the mandate of the existing law (order).
These "inalienable" rights you like to trumpet aren't imbued upon you simply because you are a born human being - that's the most SINGULAR CONCEITED, ARROGANT statement made, next to "We are the only life in the universe".
The rights you enjoy now are due to soldiers who fight enemies who would take those "inalienable rights" away from you. And there will always, always be someone who will be ready to take away your rights. Rights are BORN out of superior resistance. And if at any time a superior force were to take over this country, you would quickly see that those "rights" you quack about being imbued on everyone would be taken away.
Try arguing that you have inalienable rights with the man who has a weapon pointed at your head. If he demands you do something or not do something, the only right you have is the right to resist his order. Try excercising your "inalienable" rights in a prison camp under the order running the camp. Again, the only right you have to excercise as a human being is resistance. You may die for excercising that right, depending on who oppresses you, but you are free to excercise it.
the "Natural Laws" Whether I believe in them or not, are traced to the following three: Life, Liberty, Pursuit of Happiness. And that WE the people have set up the government as it is.
So let's say EVERYONE really is given these 3 natural rights.
However, in the USA, there are LAWS and RIGHTS and PRIVILEGES that we the people have created by the USA FOR THE USA.
Sure, anyone can have life liberty and pursuit happiness anywhere. But in the USA, if you want to pursuit happiness (in this case, live here) You should pursuit it the way that WE THE PEOPLE have written it.
It would be UNAMERICAN to deny someone to apply for citizenship. But it would definitely be AMERICAN to kick illegal immigrants out of our country. We have the right to pursue OUR happiness too. And since our laws have something to do with our "happiness," People BREAKING our laws are infringing on OUR happiness.
Everyone can live the way they want, can do whatever they want, and indulge however they want. However, there are consequences for every action you take.
There is nothing unamerican about not letting illegal immigrants invade our country. It is their choice to infringe on our laws, we're not forcing them to. That is their method to pursuit their life. Their liberty to come here illegally. Their way of life. It is also our right as citizens of this country, to deal with them to do so since they are breaking our laws.
Originally posted by Jean Paul Zodeaux
This statement is demonstrably false and there are People who while in the U.S, but not a citizen of the U.S., rely upon the same rights as do most citizens. I say most, since clearly there are some who wish to diminish inalienable rights and declare them civil rights.
Your earlier argument that our Constitution does not extend to other countries is only true in the sense that our Constitution places no restrictions on what other governments do regarding rights, but once in this Land, all People have the same rights, and of course, they do so in other lands, even if they might be told differently.
All People who consent to be governed are subject to the laws of such government. Citizens of other countries, when residing in the U.S. are subject to the laws of the U.S. and as such have no right to abrogate or derogate the rights of others, regardless of how that may play in their own country.
By asserting that all people have the same rights is not in anyway imposing our Constitution on other nations.
You keep stating this, yet it remains demonstrably false, and there are reams of case law that involve a person not a citizen of the U.S. who has quite clearly relied upon their inalienable rights to due process of law.
Originally posted by Jean Paul Zodeaux
reply to post by Ptenjakin
the "Natural Laws" Whether I believe in them or not, are traced to the following three: Life, Liberty, Pursuit of Happiness. And that WE the people have set up the government as it is.
Not even close. Natural laws existed long before any document acknowledging their existence was written.
So let's say EVERYONE really is given these 3 natural rights.
Everyone was born with more than just three natural rights.
However, in the USA, there are LAWS and RIGHTS and PRIVILEGES that we the people have created by the USA FOR THE USA.
We the People did not at any point ever create laws, or rights, We the People have empowered a legislature to legislate laws, but keenly aware of the political machinations of tyrants, strict controls were placed upon that authority to legislate. Privileges are created, this much is true.
Sure, anyone can have life liberty and pursuit happiness anywhere. But in the USA, if you want to pursuit happiness (in this case, live here) You should pursuit it the way that WE THE PEOPLE have written it.
There are no guidelines written anywhere by Constitution that tell people how to obtain happiness, only that they have the right to it, and even this is not so much "written" by Constitution, (that comes from the Declaration of Independence), as it is understood.
It would be UNAMERICAN to deny someone to apply for citizenship. But it would definitely be AMERICAN to kick illegal immigrants out of our country. We have the right to pursue OUR happiness too. And since our laws have something to do with our "happiness," People BREAKING our laws are infringing on OUR happiness.
You come close to hitting upon truisms with this statement, but application for citizenship has nothing to do with Natural Rights, and citizenship is a privilege not a right.
Everyone can live the way they want, can do whatever they want, and indulge however they want. However, there are consequences for every action you take.
Bingo! There is all truth in this statement.
There is nothing unamerican about not letting illegal immigrants invade our country. It is their choice to infringe on our laws, we're not forcing them to. That is their method to pursuit their life. Their liberty to come here illegally. Their way of life. It is also our right as citizens of this country, to deal with them to do so since they are breaking our laws.
Again I would have to agree with this statement. The federal government has been mandated by Constitution to protect the borders of this nation, and controlling the flow of immigration is arguably part in parcel to that protection.
I've never heard of an instance of someone in Zimbabwe claiming their 5th amendment right to not incriminate themselves or their 8th amendment right to not be subjected to cruel and unusual punishment.
The rights detailed in the amendments to our Constitution, on the other hand, are not inalienable.
The evidence is all around you. And really, when you get right down to it, there is no such thing as an inalienable right. Every right you can think of can be taken from you one way or another.
Citizens of North Korea, for example, do not have the same rights and freedoms we do here regardless of what you believe.
Should they have them? Absolutely. Do they? Absolutely not.
Oh wait... You can believe that they have the same rights and freedoms as we do, unfortunately that does not make it so.
When residing in the US, yes they are subject to our laws.
I disagree. By saying that citizens of other countries have the same rights we are guaranteed by our Constitution when they do not, you are effectively saying that our Constitution applies to them when there is no way it can.
You forget, our country is extremely young in the grand scheme of things.
Citizens of other countries do not have whatever rights they have in that particular country because of us. It's rather narcissistic to claim that they do.
Originally posted by ownbestenemy
My stance is that of the OP though. How can one proclaim equal justice under the law, at which the law is ultimately derived from the Constitution; which by the argument of the OP was heavily drawn upon Natural Law theory, be able to deny someone that very basic tenet we hold?
Do they not also deserve to be able to present their case to their peers and declare them guilty without even consideration that they innocent until then?
"It protects rights that we, as humans find self-evident." - If this is what you were referring to as me saying that the statement 'self-evident' came from then you have projected and drawn that conclusion on your own. The statement shows how the Constitution protects rights that were previously stated to be self-evident.
Originally posted by Jean Paul Zodeaux
And yet you ignore that a Zimbabwe National can, and indeed will rely upon his right to due process of law when in the U.S. and his or her lack of U.S. citizenship will not preclude that right.
Say's who?
In spite of your assertion that the evidence to support your claim is all around me, you much like others who wish to dismiss inalienable rights as evident can only point to the fact that there are tyrants willing to disobey laws.
You keep bringing up North Korea as if this is a proper model by which we should all understand rights. It is a tyrants argument, nothing more, nothing less.
They do have them! Absolutely so, and if and when they decide, those North Koreans, to rise up and take their rights, then they will finally enjoy them. No benign tyrant will do this for them, no enlightened intellectual will get them their rights, only they and their will shall accomplish this.
Oh wait...you can take as much pleasure as you want in the existence of tyranny, it will never make Natural Rights any less real.
All people everywhere are subject to laws, this does not mean people are subject to legislation, as legislation is not law, but merely evidence of law, and if it is law, then regardless of citizenship, all people are subject to it.
By continually asserting that Rights can only be granted by Constitution you are, as do others, ignoring the 9th Amendment, which is more than enough evidence to refute your assertions that Rights only exist by grant of government.
I have never made any such assertion, and it is your own arrogance that has led you to this presumption. People do not have Rights because I or anyone else says so, they have Rights because they do. It is really that simple.