what happens if the state doesn’t respect the rights which it has stated belongs to you? i mean from what i understand it’s basically been an unspoken understanding that the population doesn’t get riotous as long as the state doesn’t infringe upon our rights. however our rights have already been infringed upon countless times and the most that’s happened is the legislators get a slap on the wrist and one less gold swimming pool.
That’s a really important question.
The range of responses goes from electoral dissent to open rebellion.
I personally am wary of the “the tree of liberty must occasionally by watered by the blood of patriots and tyrants crowd.” They consistently seem to be big on putting someone else’s butt on the first, while they wait around to collect the glory.
Depends on where you are. In the US, if the government violates your various rights in a criminal prosecution, the evidence gained is excluded. In other countries, it might also be excluded. You may also be able to sue and win damages, depending on what exactly happened or didn’t happen.
If a law violates a country’s constituion, most constitutions allow the courts to strike down the law.
JusticexState is my otp.
You do any fanfic/fanart? I’d read it. Ship ahoy!
Lady Justice is kick***.
EDIT: Bad***. ‘Prove it’.
Rights are not GRANTED. The Constitution does not, and cannot, GRANT rights. It RECOGNIZES them. Rights do not, and cannot, flow from ink on paper, but from blood and steel. Nobody, anywhere, can ever TELL YOU, what your rights are. If you are not willing to bleed and die for them, then you enjoy a privilege rather than having a RIGHT.
Agreed, this one is an error. Writing the author. The constitution does not define our rights. The people grant rights to government through the constitution.
They already exist, but the Constitution defines them, somewhat like how statutes were created to better define pre-existing common law crimes.
I think of it as a dictionary defining words. It doesn’t create them, it only explains what words already exist and what they mean.
How many people did Ronald Reagan shoot? Thurgood Marshall? William Brennan? The truth is that (to crib from GOT) power lies wherever men think it lies, and any rights you have come from your ability to persuade men that you have them, or the ability of others to do so on your behalf. Blood, steel mean nothing on their own, and the idea that you can defend your rights physically is infantile wish-fulfillment fantasy. Even in a successful self-defense incident the crucial moment comes after the shooting, when you successfully persuade others that your use of force was legitimate.
Any rights you have are granted to you by the supreme court and by rights organizations like the ACLU. No need to thank them, they’ll continue working on your behalf whether you choose to support them or not.