Constitutional rights?

The Constitution gives no individual any rights. The Constitution is simply a document which has the purpose to define the structure of the federal government and to identify the powers delegated to it. The Bill of Rights, specifically limits the federal government's power to infringe upon the rights of the people. In other words, the Constitution doesn't give any rights, it protects them. Isn't this just a technicality in terminology? Possibly, however I firmly believe that specific words have specific meanings, and therefore correct word choice is important. To say that the Constitution gives rights to individuals implies that the Constitution is the source of those rights. That is a very dangerous implication to make, for it means that with the stroke of a pen rights can be created and removed. Which flies in the face of the idea of inalienable rights upon which our country was founded.

Of course the actual text of the Constitution and the Bill of Rights bears witness that the source of our rights is not the document itself:

"Congress shall make no law..."
"...the right of the people ... shall not be infringed"
"The right of the people... shall not be violated"

All language restricting the power of the federal government - not granting rights or privileges to the people.

-Dave Goerlich

After much discussion, a young woman finally said, “Yes, Mr. Hornberger, you are right. The First Amendment does not give people freedom of speech. Instead, it prohibits Congress from abridging freedom of speech.”

That distinction is the difference between night and day. Unfortunately, it is one that all too many people fail to appreciate. People’s rights are fundamental and inherent, and they preexist government Thus, the Framers didn’t give people rights in the Constitution but rather prohibited the government from taking such rights away. That’s why the document uses the words “no” or “not” some 46 times.

Note, however, that as with natural rights such as freedom of speech, freedom of the press, and the right to keep and bear arms, the Constitution does not give people civil liberties but instead guarantees such liberties from government infringement.

Jacob G. Hornberger,