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Politics

Elko GOP Candidate Misunderstands Constitutional Rights

Elko GOP Candidate Misunderstands Constitutional Rights
N&V Staff
August 23, 2010

(John Hobbs) – Dear Friends of Liberty, I don’t know how many discussions you are having with people regarding the Assembly District 33 race in Elko, but I thought I would pass on to you folks what I ran across so that you can pass it along to others if you find it to be something of substance.

I was browsing Republican candidate John Ellison’s web page, and I know he considers himself an advocate of the Constitution and passes them out. From talking to John over the years and listening to him speak it is self evident to me that he thinks the thought of the Constitution to be a good idea but knows little about it. I found something to point to, which proves exactly that point.

In the issues section of his web page under the heading 2nd amendment it states….

“I am a firm believer in the people’s rights to keep and bear arms. Not only for self-protection, hunting and recreational use, but because it is their given right, as set forth by the Constitution of the United States.”

The highlighted portion is the part that troubles me.

A given right set forth by a charter or constitution says that the constitution or the parties who agreed on the document dictate rights. Rights under this statement are essentially held by governments to be distributed when permitted, this example being one which was given to us by the states and union through this agreement.

I don’t think it’s a malicious statement by Mr. Ellison, but rather one that shows ignorance on the issue of rights.

Ask a constitutionalist like IAP candidate Janine Hansen and she would tell you your rights are natural rights. They come from a creator or the essence of humanity. Rights are not outlined by society, but are unlimited and reserved for humankind unless they are given to government or another individual of our own free will. Our natural rights are not found in any constitution; only rights given to government can be found with a wide array of protections.

The Bill of Rights are further restrictions on the enumerated powers so that the legislative power cannot encroach upon the most essential natural rights which must stay intact to preserve all other natural rights we must have to rebel against tyranny.

The 9th and 10th amendments address the fact that essential rights used as restrictions against enumerated powers are not our list of rights, and that rights not handed over to government belong to states and its people respective. From a history perspective many founders like Thomas Jefferson were opposed to the Bill of Rights because, though they knew the purpose it was to serve was noble, future generations would misconstrue the Bill of Rights to be a list of our rights.

It was an issue some pushed for during the Constitutional Convention, but was an issue stalling the document. It took four more years of work to get the Bill of Rights added. Not a bad set of amendments as long as it is put in the proper perspective.

I don’t know if you find this to be of importance to you, but to me it shows a huge lack of knowledge on Mr. Ellison’s part. Might be a good talking point in the current climate.

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