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Roberts Hearing
Monday, September 12, 2005   By: Juan Paxety

The right to privacy

Lots of folks complain about the failure of the educational system in the U.S.  One of the failures is being prominently featured today - news reports and politicians want to know if Chief Justice nominee John Roberts thinks there is a right to privacy granted by the Constitution.

Folks, the Constitution does not grant rights to people. The Constitution is a document that gives rights to government. For instance, the preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The people establish the government - not the other way around. The Constitution does not grant rights.

But, but what about the first amendment - freedom of speech, freedom of the press?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

That's clearly not granting a right - it's restricting Congress. There's a big difference.

So, when you hear Senators and reporters asking Judge Roberts if he believes there is a right to privacy granted by the Constitution, you'll know they are idiots. You'll know that you have rights to privacy because you were born as a human being - not because some government gives it to you.

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