A Quote by William Barr
The central genius of the American Constitution lies in its use of structure to protect individual liberty. It does not rely solely, or even primarily, on grants of substantive rights.
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Judges are the people who have to protect the rights of individuals, have to protect the rights of minorities, have to protect the rights in the Constitution, have to protect the requirement that the executive and the legislature not simply exercise raw power but adhere to standards of reasonableness and constitutionality.
If every person has the right to defend - even by force - his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force - for the same reason - cannot lawfully be used to destroy the person, liberty, or property of individuals or groups.
The Founders who crafted our Constitution and Bill of Rights were careful to draft a Constitution of limited powers - one that would protect Americans' liberty at all times - both in war, and in peace.
I've been involved in the intelligence side of the federal government for a long time. We all know that we have to have a balance between security to protect the American people and liberty. We take an oath to protect and defend the constitution and the American people.
Our inspired Constitution is wisely designed to protect from excesses of political power, but it can do little to protect us from the excesses of appetite or from individual indifference to great principles or institutions. Any significant unraveling of the moral fiber of the American people, therefore, finally imperils the Constitution.
The government was set to protect man from criminals-and the constitution was written to protect man from the government. The Bill of Rights was not directed at private citizens, but against the government-as an explicit declaration that individual rights supersede any public or social power.
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 Latin American has no tribe to fall back on, as the African does, no reliable judiciary to defend his rights as the European does, no social ideal or sacred constitution as the North American does, no pervasive mythology to soften life as it does in Asia, and no even an ideology to subscribe to, as does the Russian or Chinese. Without wealth, what is there left to him but his manhood, to be flaunted and defended at every occasion?
[The] government has room to scale back individual rights during wartime without violating the Constitution. The Constitution just sets minimums. Most of the rights that you enjoy go way beyond what the Constitution requires.
I typically don't use the distinction 'positive' and 'negative' liberty, because negative sounds bad and positive sounds good, and I don't think that the terminology ought to prejudice us one way or the other. So I think the more descriptive term is 'liberty rights' versus 'welfare rights'. So, liberty rights are freedom-of-action type rights, and welfare rights are rights-to-stuff, of various kinds...And, property rights are not rights-to-stuff. I think that's one of the key misunderstandings about property. Property rights are the rights to liberty within your jurisdiction.
Terrorists and their allies believe the Universal Declaration of Human Rights and the American Bill of Rights and every charter of liberty ever written are lies to be burned and destroyed and forgotten.
The real difference between the United States and other nations lies not in the words of the preamble to the Constitution, but in the fact that the substantive clauses of that Constitution are enforced by individuals independent of and not beholden to the elected branches.
In talking about human rights today, we are referring primarily to the following demands: protection of the individual against arbitrary infringement by other individuals or by the government; the right to work and to adequate earnings from work; freedom of discussion and teaching; adequate participation of the individual in the formation of his government. These human rights are nowadays recognised theoretically, although, by abundant use of formalistic, legal manoeuvres, they are being violated to a much greater extent than even a generation ago.
Anglo-Saxon civilization has taught the individual to protect his own rights; American civilization will teach him to respect the rights of others.
The Bill of Rights is a remarkable document because it weaves into the fabric of our democracy the idea that government has a responsibility to protect individual liberty.
The existing American laws we use in a pinch just do not adequately protect artists or any other group of rental tenants. For example, artist certification. You can always get around that. Every society that does not want to really protect tenants' rights tries historic preservation. But that says nothing about the right of people to stay in their homes. It says that the building cannot be demolished. But it does not say who is allowed to live in the building.
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