Replies

The Constitution does not grant inalienable rights. It recognizes and enumerates some, but not all, of them. Nothing--not war, not emergency, not executive order, not an act of a legislature, can rightfully justify the violation of inalienable rights. This is because the needs of one person, no matter how urgent or severe, can not justify the violation the rights of someone else. You don't have the right to kill an innocent person, just because your own life is in danger. The number of people involved makes no difference.

The Constitution is not a suicide pact, but it also has no power to justify or legitimize the violation of any inalienable rights. It is not a contract wherein citizens agree to waive their inalienable rights in exchange for either citizenship or residency in the United States.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

"The Constitution just sets minimums," Scalia said after a speech at John Carroll University in suburban Cleveland. "Most of the rights that you enjoy go way beyond what the Constitution requires."

Sorry Scalia, you just set yourself up for impeachment. Plenty of judges, politicians and lawyers would agree with you, and they are ALL wrong.