Semantics: Constitutional Guarantees or Constitutional RightsSubmitted by A-B--B-A on Wed, 04/11/2012 - 04:30
For two days I've been thinking about the phrases constitutional guarantees and constitutional rights. I asked myself, Do they differ from each other and if they do, what are those differences?
Does anyone here think there's a difference between the two phrases? Is one phrase better than the other? I can't help but think there is a difference and that one is better than the other.
When I think constitutional rights, I comprehend the constitution issues rights, that is, the human receives his rights from the US constitution. When I hear constitutional guarantees, I comprehend the US constitution is guaranteeing something. That something of course is rights, which are natural, known as natural rights. Because they are natural, they existed and exist before what is manmade regardless of its treatment to them. What's manmade here of course is the US constitution.
This sequence makes these rights supersede the constitution and after this relationship is acknowledged, the constitution is applied to them. This application, from what I can see, always is (or should be) beneath these rights, always is (or should be) in support of them.
If the constitution wasn't in support of those rights, it would be equal to them or override them and could abruptly or eventually wipe them out. But because natural rights' authority is above the constitution's, the only sense I can make from the creation of the constitution is it must have been based on them and that its continuance is evidence it is and must be in harmony with those rights or else the constitution would be in opposition of them and irrelevant instantly afterward then in wait for its resuscitation.
If this basis is true, wouldn't using the phrase constitutional gaurantees (the inclusive description, that 1 comes before and includes 2) instead of constitutional rights (the exclusive description, that 2 comes before 1 and doesn't acknowledge 1) be:
1/2) better in educating people about freedom?