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Britain discussing if it should have a constitution


Stan

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  • 2 weeks later...

While we (Canada) have a written constitution, the written constitution forms but a part of the whole constitution. In fact, many of the key parts of our constitution, such as the principle of responsible government, the selection of the Prime Minister and the Cabinet, confidence and no-confidence votes, minority and coalition governments, powers of the monarch, delegation of royal powers to the Governor General, the exercise of the Crown prerogative, etc. remain unwritten and governed by tradition.

God never said "Thou shalt not think".

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A constitution written or otherwise is no guarantee of freedom. Brits should be wary.

Great spirits have always found violent opposition from mediocrities. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence.

Einstein

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  • 1 month later...
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A constitution written or otherwise is no guarantee of freedom. Brits should be wary.

But how do you know what rights you have if they are not written down?

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But how do you know what rights you have if they are not written down?

It is written down but not in a constitution. Rights are written in the laws of the land.

Great spirits have always found violent opposition from mediocrities. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence.

Einstein

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  • 2 months later...

But how do you know what rights you have if they are not written down?

In the US, the Constitution does not GRANT rights, it only RECOGNIZES pre-existing ones.  It is a very important distinction, because if a right can be granted, it can be taken away.  We honor our Constitution, primarily because it was written to limit government, not limit the citizens.  The more that is ignored, the more trouble we are getting into here. 

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It is written down but not in a constitution. Rights are written in the laws of the land.

And the highest law of the USA is?

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In the US, the Constitution does not GRANT rights, it only RECOGNIZES pre-existing ones.  It is a very important distinction, because if a right can be granted, it can be taken away.  We honor our Constitution, primarily because it was written to limit government, not limit the citizens.  The more that is ignored, the more trouble we are getting into here. 

Article 1, Section 1 of the US Constitution

All legislative Powers herein GRANTED shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. (caps mine)

 

The US Bill of RIGHTS:

 

  1. Freedom of Speech, Press, Religion and Petition
  1. Right to keep and bear arms
  1. Conditions for quarters of soldiers
  1. Right of search and seizure regulated
  1. Provisons concerning prosecution
  1. Right to a speedy trial, witnesses, etc.
  1. Right to a trial by jury
  1. Excessive bail, cruel punishment
  1. Rule of construction of Constitution
  1. Rights of the States under Constitution

Were the above pre-existing ones?

 

 

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Article 1, Section 1 of the US Constitution

All legislative Powers herein GRANTED shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. (caps mine)

 

The US Bill of RIGHTS:

 

  1. Freedom of Speech, Press, Religion and Petition
  1. Right to keep and bear arms
  1. Conditions for quarters of soldiers
  1. Right of search and seizure regulated
  1. Provisons concerning prosecution
  1. Right to a speedy trial, witnesses, etc.
  1. Right to a trial by jury
  1. Excessive bail, cruel punishment
  1. Rule of construction of Constitution
  1. Rights of the States under Constitution

Were the above pre-existing ones?

 

 

Legislative powers are not the same as rights (see the Declaration of Independence).  Citizens are "endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness".  Note that in the Bill of Rights (the first ten Constitutional Amendments, the rights are not granted, they are recognized.  I understand your viewpoint in Europe is different, because you all have always been "subjects" of a ruler or a government, but over here things are different.  We are not "subjects", and "the People" are actually superior in position to the government, which only acts with "the consent of the governed".  So the answer to your question is that ALL of the rights recognized as personal rights in the Bill of Rights are "pre-existing".

The first thing you posted, using the word "granted" related to legislative powers to Congress.  And it actually proves the opposite of what you intend.  Who does the "granting" in that phrase?  The answer is "the People".  All authority in the United States originates from "the People".  The government is to be our servant, not our master.  It is to be restrained, not unleashed.  It is to be distrusted, not trusted.  "Like fire, it is a dangerous servant, and a fearful master", because is it "force".  So our Constitution was written to restrain government, which naturally attempts to increase its power at the expense of the People (a fact that is observable today).  If a government is unrestrained, it eventually becomes a tyranny, which is what our government in the US is in danger of becoming.  The prophecies of the last days relating to American cannot happen in a restrained, Constitutional government, but it WILL happen in a tyrannical unrestrained government.  Which is why it is so important for SDA US citizens to ask themselves before they vote, "Is this person in favor of increasing governmental power, or decreasing it?" and then voting accordingly.  "A government that can give you everything you want, can take everything you have".

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Take the Constitution away and what do you have left?  Do you still have those rights?  But you still have the people and the Creator

Why did women not have the right to vote before the 19th ammendment was ratified?

When the Supreme Court argues points of law, whom do they consult?  The people?  The Creator?

Edited by Gerry Cabalo
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And the highest law of the USA is?

If I understand your question....the constitution and federal laws.

Great spirits have always found violent opposition from mediocrities. The latter cannot understand it when a man does not thoughtlessly submit to hereditary prejudices but honestly and courageously uses his intelligence.

Einstein

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