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Principles of Constitutionalism: Negative Rights versus Positive Rights
Canada Free Press ^ | 04/09/15 | Tim Dunkin

Posted on 04/09/2015 3:41:13 PM PDT by Sean_Anthony

Natural and negative rights provide for a free, voluntary society, while legal positivism and positive rights provide for a coercive, totalitarian society

It has previously been shown that constitutionalism, by which is meant the general proposition that government should be restrained by well-defined principles and structures under which it operates (whether written or unwritten), depends up a recognition of the rule of law as reflecting natural law.

From this natural law arises the recognition, in turn, of the natural rights of individual citizens, which ought to be acknowledged and protected by just government, but which are not granted by any government. These principles, perhaps, find their purest distillation in the American Constitution, a short and simple document which provides a succinct summation of both the natural rights it affirms and a structure of government designed to preserve liberty.

(Excerpt) Read more at canadafreepress.com ...


TOPICS: Government; Politics; Society
KEYWORDS: constitutionalism; rights

1 posted on 04/09/2015 3:41:13 PM PDT by Sean_Anthony
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To: Sean_Anthony
Rights are things that you can do, which others are not allowed to interfere with.

There are no "positive rights". What are called "positive rights" are what used to be called "entitlements" -- things that others are obligated to provide.

2 posted on 04/09/2015 3:43:58 PM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: PapaBear3625
Ever one positive right comes from taking some one elses negative right away... its zero sum

Taken to the end the one with all the positive rights is the master.. the one with no negative rights left is the masters slave ....

all negative rights and no positive is the state of a free man that see other as equally free.... the state of a moral man

3 posted on 04/09/2015 3:55:52 PM PDT by tophat9000 (An Eye for an Eye, a Word for a Word...nothing more)
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To: Sean_Anthony

Posted earlier:

http://www.freerepublic.com/focus/f-news/3277558/posts


4 posted on 04/09/2015 4:08:48 PM PDT by Jacquerie (Article V. If not now, when?)
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To: Sean_Anthony

One cannot begin to understand how absolutely brilliant the founding fathers were when they drew up the Declaration of Independence and the Constitution along with the Bill of Rights.


5 posted on 04/09/2015 4:52:06 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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