Short note on Rights and the Constitution
How far are we from the fundamental understanding of terms Liberty, Rights and the Constitution?
It always seems pretty clear to me that the constitution isn’t granting rights, since we are born with all the rights. Societies and governments by their nature limiting some of these rights; and the American constitution is simply a tool to protect our rights.
Apparently the Washington post doesn’t agree with this conception. In this editorial it is stating that:
THE U.S. COURT of Appeals for the D.C. Circuit discovered a new constitutional right yesterday: "the right of a mentally competent, terminally ill adult patient to access potentially life-saving post-Phase I investigational new drugs, upon a doctor’s advice, even where that medication carries risks for the patient" and has not been approved by the Food and Drug Administration. If you don’t remember reading those particular words in the founding charter, don’t kick yourself. An ideologically eclectic panel of the normally sober D.C. Circuit pulled this "right" out of thin air. If the full court, or the Supreme Court, doesn’t take another look, it could sow the seeds of all kinds of mischief.
Not only that the columnist doesn’t think that human being has the right to decide about themselves, it asserts that unless a right was explicitly listed in the constitution it isn’t a right. And all of this from a newspaper that is being consider liberal , amazing.
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