A Quote by Robert H. Jackson
The very purpose of a bill of rights is to withdraw certain subjects from...political controversy, to place them beyond the reach of majorities.
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The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy. One's right to life, liberty and property, to free speech, a free press, freedom of worship and assembly may not be submitted to vote; they depend on no elections.
You don't know who the next group is that's unpopular. The Bill of Rights isn't for the prom queen. The bill of rights isn't for the high school quarterback. The Bill of Rights is for the least among us. The Bill of Rights is for minorities. The Bill of Rights is for those who have minority opinions.
If the Bill of Rights was intended to place strict limits on federal power and protect individual and locality from the national government the 14th Amendment effectively defeated that purpose by placing the power to enforce the Bill of Rights in federal hands, where it was never intended to be.
To say that majorities, as such, have a right to rule minorities, is equivalent to saying that minorities have, and ought to have, no rights, except such as majorities please to allow them.
If the citizens of the United States are to turn away from the Communist Manifesto and preserve the purpose of the Declaration of Independence, the U.S. Constitution, and our Bill of Rights, we must first thoroughly reexamine and learn about each of them, and uphold America's founding documents by testing every political action in light of them.
The Declaration of Independence was to set forth the moral justification of a rebellion against a long-recognized political tradition - the divine right of kings. At issue was the fundamental question of whether men's rights were God-given or whether these rights were to be dispensed by governments to their subjects. This document proclaimed that all men have certain inalienable rights. In other words, these rights came from God.
The Bill of Rights does not come from the people and is not subject to change by majorities. It comes from the nature of things. It declares the inalienable rights of man not only against all government but also against the people collectively.
Only majorities can expand political rights in America's constitutional society.
Individual rights are not subject to a public vote; a majority has no right to vote away the rights of a minority; the political function of rights is precisely to protect minorities from oppression by majorities (and the smallest minority on earth is the individual).
Germany doesn't have a Bill of Rights, England doesn't have a Bill of Rights, nobody else has a Bill of Rights. You know, the United States is very unique, and that is in the Bill of Rights and the fact that one third of the population is armed... nobody's armed in Canada, nobody's armed in England, nobody's armed in Germany, it's amazing, the United States is a really stand alone class act.
The very purpose of the Bill of Rights and the Constitution is to protect minority rights against majority voters. Every court decision that strikes down discriminatory legislation, including past Supreme Court decisions, affirming the fundamental rights to marry the person you love, overrules a majority decision.
Thomas Jefferson understood the greater purpose of the liberty that our Founding Fathers sought during the creation of our Nation. Although it was against the British that the colonists fought for political rights, the true source of the rights of man was clearly stated in the Declaration of Independence. Jefferson wrote that all humans are endowed by their Creator with certain unalienable Rights . . . . It was self-evident to him that denying these rights was wrong and that he and others must struggle to win what was theirs.
The Constitution was written to protect individual freedom and limit the ability of the government to encroach upon it. The liberals don't like that. The Democrats are very unhappy. The Constitution limits government too much. So they want to rewrite it, have a second Bill of Rights. So they want a new Bill of Rights that spells out what government can do instead of a Bill of Rights that tells government what it can't do.
The Framers of the Bill of Rights did not purport to 'create' rights. Rather, they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be preexisting.
From my admittedly cranky perspective, Bush/Cheney are lousy on the Bill of Rights, Clinton/Gore were lousy on the Bill of Rights, and everyone within bribing distance of the 2008 election (Hillary, McCain, Giuliani) are lousy on the Bill of Rights, too.
Majorities can be wrong, majorities can overrule rights of minorities. If majorities ruled, we could still have slavery. 80% of the population once enslaved 20% of the population. While run by majority rule that is ok. That is very flawed notion of what democracy is. Democracy has to take into account several things - proportionate requirements of people, not just needs of the majority, but also needs of the minority. Majority, especially in societies where the media manipulates public opinion, can be totally wrong and evil. People have to act according to conscience and not by majority vote.
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