There is a fundamental misunderstanding by many as to the federal, that is the United States, Constitution. The body of the Constitution is no more than the powers delegated to the Federal Government by the people of the states through their elected representatives. Of course it is no less than that.
It is not a grantor of rights. It is a limited delegation of powers. The Bill of Rights, no less a part of the Constitution than Article 1, Section 8, is a specific prohibition against the Federal government to use the powers granted by the people of the states in the manner described by the Bill of Rights.
The states have their own protections of the rights of the people which, according to the Supreme Court interpretation and intention, can be no less than those protected by the Federal Constitution. However the state constitutions have always and forever had the right to exceed the federal constitution.
It is not as though we are seriously arguing a chicken and egg problem here. The priorities are spelled out in the 9th and 10th amendments. The people came first. The states came second. The federal government came third and last.
We are not dependent upon the federal government to grant or take away our rights. Were our right to speech or religion or to a trial or to privacy to be dissolved by our government tomorrow we would still have those rights regardless of the statements of our government.
Would any rational person give the government the right to control speech? Would any rational person grant the government the right to invade their home? Would any rational person grant the government the right to take him away without charges?
I hold anyone who would grant this power is not a rational person.
Through complaceny we have lost an inestimable power, the power to deal with our government as our servant rather than as our ruler. We regularly grant to our government the power to rule us rather than to do what we tell them. I agree they have polls to prove we are wrong. I agree they have political machines to guarantee re-election regardless. This is not what I am talking about.
We, the People of the United States, created this mess and it is up to us to end it. We, the People, have to second guesses. We have no one to blame it on. We, the People, are in charge and responsible.
We, the People, have no excuse whatsoever to whine about politicians, laws or policies.
We, The People, are the government of the United States of America and we are responsible for every dot the eye and cross the T of every law. There is not one thing that happens that is not our responsibility.
We are America. We are responsible.
Our rights are never changed by law, ever. Our rights came before the government and can not be changed by the government. If our rights and our government conflict then our government is wrong, period.
We govern ourselves. We do not take away our rights from ourselves. We are not that stupid.
You and me are the government. No one else has the power to be the government. That is our misunderstanding.
We put a bureaucracy in Washington ahead of us and we have agreed with it. There is not government but us.
We are not what we have created in Washington. We have created that mess. We are responsible for cleaning up our own garbage.