The Source of Unstated Constitutional Rights: A Deeper Understanding
Constitutional rights, while often referenced in legal discourse, may sometimes appear elusive when one delves into the explicit text of the Constitution. This article delves into the nuances of how these rights are derived and the role that human-created laws and societal norms play in this process.
1. Understanding Constitutional Rights as Creatures of Law
Contrary to the notion that constitutional rights must be explicitly enshrined in the Constitution, these rights are more accurately described as creatures of law. Legal rights, whether common or statutory, are created by human beings to maintain societal order. These rights exist in the expectation that individuals and governmental entities will adhere to them due to the fear of sanctions.
Human beings create these rights to promote stability in large agglomerations of people. The inherent human inclination towards nepotism and favoritism often leads to friction and cohesion within kin and friendship groups. However, when such pursuits extend into the public domain, they frequently generate instability, especially when wealth, government, or public corporations are involved. Deterrence as a pre-emptive measure is the primary protection offered by the state.
2. The Expectation of Deterrence
The state aims to deter individuals and groups from infringing on others' rights. This deterrence is achieved through law enforcement, legal sanctions, and the threat of punishment. The effectiveness of deterrence in preventing the commission of rights abuses is a critical aspect of maintaining social order. Post-facto, if the state fails to uphold constitutional or legal rights, it must sanction the transgressor to prevent similar behavior in the future.
3. Self-Evident Rights and Social Reality
The assertion that all men are created equal and possess certain inalienable rights, as stated in the American Declaration of Independence, is an idealized perspective. It ignores the manifest differences in human capabilities, motivations, and societal positions. While these self-evident truths are valuable, they do not always correspond to the reality of social mores. In practice, individuals often rely on the laws of man to provide deterrence, not on a mythical 'creator.'
4. Common Sense: Navigating the Law and Constitution
When seeking to understand the rights that are not explicitly stated in the Constitution, it is crucial to recognize that these rights are derived from the interpretations and guidelines provided by the Constitution. Common sense and practical application of legal guidelines often clarify the true extent and implications of these rights.
5. Conclusion
The source of unstated constitutional rights lies in the interplay between the Constitution, human-created laws, and societal norms. It is the responsibility of both individuals and the state to understand and uphold these rights to maintain social stability and justice.
A deeper comprehension of these concepts is essential for any individual engaged in legal or political discourse. By understanding how and why rights are created and upheld, we can work towards a more just society that truly embodies the principles of equality and freedom.