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Technically speaking, the Amendments are part of the Contitution, so it does list the God-given rights citizens have that the government was not supposed to abridge (but they did anyway!).

But the enumerated unabridgeable rights in the Bill of Rights should be noted, because they impose no burdens, no harm on others. No abortion, no free medical, no free education, etc, because those all cause harm or loss to others - and you have no right to their money, their time, or their life!

2006-08-24 09:39:33 · answer #1 · answered by Anonymous · 0 0

The U.S. Constitution is a document that attempts to define how our nation will conduct itself by balancing the needs of the community with those of the individual. Many framers of the Constitution did not want to delineate individual rights because they felt it would open them to interpretation. Rather, they wanted to limit government to the items explicitly stated in the document. If it wasn't stated, then the government would not be allowed to interfere. However, ratification of the Constitution became dependant on the inclusion of the Bill of Rights right after ratification.

Many of the rights have been deemed to be "fundamental", such as the right to privacy. Fundamental rights have been staunchly defended by the Judicial Branch. Other rights, such as the right to property are not considered to be fundamental rights and have been slowly eroded by Court interpretations.

Court interpretations are founded on a "negative" basis. That is, the government is prohibited from taking actions that deny a right. A positive interpretation would be one that requires the Government to assure that rights are fostered and realized.

The Constitution does not apply to private organizations, only to those that are considered "public". Over time "public" has been expanded from the Federal level down through all levels of Government. So, a private school, for example, can limit free speech and/or rights to privacy without being governed by the Constitution.

Interpretation is very much determined by the makeup of the majority of the Supreme Court. That is why there is tremendous scrutiny as to who will be appointed. A conservative court will adhere to strict construction interpretations whereas a liberal court will tend toward loose construction.

Overall, the interpretation of the Constitution is somewhat of a subjective process with a strong bias to protecting the fundamentals. Also, remember that the legislature and the populace have the ability to amend the Constitution if they feel strongly enough that the Court is not interpreting it correctly.

2006-08-24 21:00:45 · answer #2 · answered by Anonymous · 0 0

The constitution primarily imposes limitations on government action.

Very few actual rights are listed in the constitution. We just get them by implication, given that the government is not permitted to do certain things.

2006-08-24 16:28:33 · answer #3 · answered by coragryph 7 · 1 0

Maybe you should read the US Constitution and the Bill of Rights and then you would know the difference.

2006-08-24 16:28:48 · answer #4 · answered by e_spehr_99 4 · 1 0

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