You are viewing a single comment's thread.

view the rest of the comments →

0
0

[–] Malek ago 

Ok. Sorry. I was confused. You are talking about natural law. My mind is firmly grounded in positive law.

Lastly, the Tenth Amendment does reserve all powers not explicitly granted to the national government to the several States, and those which the States themselves have not explicitly embraced are - as per the concept of the Constitution's negative-liberty - absolutely reserved to the People.>

I am completely lost here. The Constitution restricts certain actions and gives itself certain powers. All other powers are given to the states. I dont see the people anywhere in the plain language of the Constitution. Are you reading that into the Constitution?

From what I can gather from your negative liberty concept you claim that the Constitution is a negative liberty document. It is. However, States have the remaining powers, which I think makes them a positive liberty concept.

I am thinking the Fourth Amendment against search and seizures is a right. However, in my mind, I am thinking the police have to have a warrant to execute a search of your house. Except if they have exigent circumstances, or they are in pursuit of a felling felon, or they have probable cause and time is a factor.

0
0

[–] antiplebbitor ago  (edited ago)

The Constitution doesn't grant itself anything - it explicitly states the very few powers of the national government (mint money, raise an army/navy, said army not exceeding two years' duration at once, et cetera) as well as including a few positive rights as per the Bill of Rights, which was tossed in to placate the positivists who apparently could not conceptualize negative liberty, as well as the anti-federalists.

As for the Tenth Amendment of the Constitution of the United States of America, it reads, in whole, unaltered and unchanged from the original:

"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."

0
0

[–] Malek ago 

You strike me as one of those Freeman on the land type of people.