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To: PeterFinn
Thanks. It appears you believe mostly in negative rights--noninterference rights--and not positive rights, or entitlements. Do I understand you correctly?

It also appears you believe that rights may exist even if not recognized by law. Let me call those 'human rights' as opposed to 'civil rights' which require some sort of constitutional embodiment. If that is your claim,I agree with you that there are such rights, hard to enforce when not recognized in law, but important nevertheless. Do I understand you on this as well?
47 posted on 12/17/2004 11:14:28 AM PST by rogerv
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To: rogerv

An entitlement cannot be a right. You do not have a right to my money or resources. Government currently takes my money from me and gives it to other people as an entitlement that can be taken away by an Act of Congress. Entitlements are not rights.

The USSC will never rule that anyone has a right to an entitlement. And don't mistake an "Equal Access" decision as granting a right, it doesn't. Education is not a right, States are free to not provide this at taxpayer expense - but if they do (which they all do, of course) then all of the public has the right to access a public resource.

I'm not familiar with your term 'negative rights' - but I'm taking that to mean people have the right not to be hassled on their own property. This is filed under the 'pursuit of happiness' and if you build a noisy factory next to my property I have the right to seek an injunction against you for depriving me of my peace and quiet.

Not every court will perfect my rights, granted, but the right exists regardless.

The British Crown banned guns in America and the patriots exercised their rights anyway. The law be damned if it violates the rights of the people from whom the law gains its power. It is the right of the people to ignore an unjust law and it is also their right to overthrow a government that violates their rights.


50 posted on 12/17/2004 11:36:27 AM PST by PeterFinn (The NAACP can have a recount of the Ohio vote if I can have a recount of the Million Man March.)
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To: rogerv

Actually, under the codicils of Nuremburg (of which the US is a signatory)individuals have a legal obligation to overthrow governments that violate individual rights.

This was key to convicting 'innocent' Nazis of the crime of inaction.


51 posted on 12/17/2004 11:44:20 AM PST by PeterFinn (The NAACP can have a recount of the Ohio vote if I can have a recount of the Million Man March.)
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