Constitutional Rights - Research Paper Example

These inherent rights have never been more happily expressed than in the declaration of independence, that new evangel of liberty to the people: "We hold these truths to be self-evident" -- that is, so plain that their truth is recognized upon their mere statement -- "that all men are endowed" -- not by edicts of emperors, or decrees of Parliament, or acts of Congress, but "by their Creator with certain inalienable rights" -- that is, rights which cannot be bartered away, or given away, or taken away, except in punishment of crime -- "and that among these are life, liberty, and the pursuit of happiness, and to secure these" -- not grant them, but secure them -- "governments are instituted among men, deriving their just powers from the consent of the governed.

" (Butchers Union v. Crescent City Co., 1884) The reader should study that passage carefully and read it several times. Slowly read it out loud, listening carefully to the words. What is the difference between ordinary rights and so-called “Constitutional Rights”? There is no difference, except that those rights enumerated and guaranteed in the US Constitution get more attention. Breathing is not a Constitutionally protected activity, yet the Declaration of Independence clearly claimed a “right to life” exists.

The Supreme Court has repeatedly claimed to have found a right to privacy, yet we find no such concept enumerated in the articles or amendments of the Constitution. In the US the Supreme Court is the final arbiter of what your rights are. Pay careful attention to what they have to say. There are many rights, but the issue is focusing on rights that are generally acknowledged to both exist and be “fundamental” rights. Not knowing one’s rights, one cannot protest when they are violated and lacking a timely objection the courts consider the matter to be waived.

We shall discuss in the following report a few critical rights that anyone, post arrest and post conviction,