The U.S. Was Formed to Secure Our Inalienable Rights – But Not Any More
By Shane Flait © 2010

Our founding fathers were well aware of the transgression of rights that government can impose. As colonists, they demanded the Rights of Englishmen won some 100 years before. But England ignored them for the profits that it could extract from the colonies.

Incensed, we declared independence and insisted that “inalienable rights to life, liberty, and the pursuit of happiness...” existed for all men. Our government was formed only to secure them – not to grant them according to its discretion – as this article explains.

Ratification of our constitution after the American Revolution was possible only by adding the Bill of Rights to assure all that there would exist rights that the state could not take away except for clear crimes as recognized by one’s peers in a trial. Such rights -inalienable rights- now called fundamental, constitutional, or civil rights are also beyond the vote of the public. Every American should know them well and be ever vigilant to government’s encroachment on them for some supposedly ‘greater good’, because our fundamental rights are the ‘greater good’.

The Bill of Rights - now identified as the first 10 amendments - were written in clear english so all would understand their meaning. Nevertheless in enumerating them, our founding fathers feared that other fundamental rights, not listed, may be lost for lack of inclusion. For this reason the ninth amendment specifically states that such an enumeration of our rights shall not be construed to mean there are not other fundamental rights that the people had an inalienable right to enjoy.

As our nation progressed through the Civil War and into the beginning of the 20th Century, more amendments were added as it became recognized that the state (federal government or state government) was denying rights to classes of people that the good conscience of the people knew was wrong. Specifically, the 14th amendment - born after the Civil War- demanded that states treat all US citizens equally in regard to their constitutional rights and that no specific group (as blacks) of people could be denied any of these rights. The 14th amendment made each of the states accountable to the U.S. Constitution for each and every one of its citizens.

Other rights, not explicitly in the Amendments, but that carry the importance of a fundamental right - are those arising out of individual cases decided by the Supreme Court. In fact in the opening years of the 19th century in the case Madison vs. Marbury the ‘Supremacy Clause’ was established by which any decision made by the Supreme Court will override any state or local law. I.e. any state law that conflicts with the constitution, its amendments, or Supreme Court case law is void. The Supreme Court has clarified and exposed many fundamental rights through its case law – especially with regard to parental rights and has voided hundreds of state laws over time.

When the Constitution was formed essentially two jurisdictions of law were put in place for each citizen: Federal and those of his State. An understanding (referred to as ‘comity’) was implied that the Federal Judiciary will try to respect those decisions and judicial procedures of each of the states at least in education, marriage and divorce. The federal courts will deal principally with federal issues.

Since the passage of the 14th Amendment and the great intermingling of federal and state issues in education, divorce-related issues, and many other areas, we should look to our constitutional rights to assure ourselves of what we’re ultimately due according to our fundamental rights, since state rules or laws that may conflict with them.

Government accountability:

Accountability of our government officials and the ability for us to seek redress to unjust wrongs is tantamount to preserving our Constitutional rights. The Declaration of Independence complained about the unaccountability of England’s actions to the people of the colonies.

Also, as stated in Article V of Massachusetts’ Constitution, “ All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are substitutes and agents, and are at all times accountable to them.”. And as stated in Article XI “Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without denial; promptly, and without delay; conformably to the laws.” Where accountability does not exist -or is operationally stifled- tyranny reigns.

Today, the state ignores the constitutional rights of fathers for profit and power. Accountability no longer exists under the all-encompassing immunity laws.

End