“People are usually surprised to discover that I hate the phrase "constitutional rights." I hate the phrase because it is terribly misleading. Most of the people who say it or hear it have the impression that the Constitution "grants" them their rights. Nothing could be further from the truth. Strictly speaking it is the Bill of Rights that enumerates our rights, but none of our founding documents bestow anything on you at all […] The government can burn the Constitution and shred the Bill of Rights, but those actions wouldn't have the slightest effect on the rights you've always had.”

—  Michael Badnarik

Source: Good to be King (2004)

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Michael Badnarik 14
American software engineer 1954

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Michael Badnarik photo

“People are usually surprised to discover that I hate the phrase "constitutional rights."”

Michael Badnarik (1954) American software engineer

I hate the phrase because it is terribly misleading. Most of the people who say it or hear it have the impression that the Constitution "grants" them their rights. Nothing could be further from the truth. Strictly speaking it is the Bill of Rights that enumerates our rights, but none of our founding documents bestow anything on you at all [...] The government can burn the Constitution and shred the Bill of Rights, but those actions wouldn't have the slightest effect on the rights you've always had.
Source: Good to be King (2004)

“The Bill of Rights was, unfortunately misnamed. It was not a list of things Americans were allowed too do, under the Constitution. It was and remains a list of things government is absolutely forbidden to do — like set up a state religion, or steal your house — under any circumstances.
The Bill of Rights was the make-or-break condition that allowed the Constitution to be ratified. No Bill of Rights, no Constitution. And since all political authority in America "trickles down" from the Constitution, no Constitution no government. And, since the Bill of Rights was passed as a unit, a single breach, in any one of the ten articles, breaches them all and with them, the entire Constitution. Every last bit of the authority that derives from it becomes null and void.
Let's review:
No Second Amendment, no Bill of Rights.
No Bill of Rights, no Constitution.
No Constitution, no government.”

L. Neil Smith (1946) American writer

"The Deal," http://www.ncc-1776.org/tle2013/tle747-20131201-02.html 1 December 2013.

“The Bill of Rights was not written to protect governments from trouble. It was written precisely to give the people the constitutional means to cause trouble for governments they no longer trusted.”

Henry Steele Commager (1902–1998) American historian

Letter to the Editor, in The New York Times (1971)

“The Bill of Rights must be subjected to no 'interpretation' of any kind except in terms of the original intent of the Founding Fathers, a group of individuals who had just barely defeated the most overbearing, ruthless, and dangerously violent government in the history of the world. Even the British people were having trouble with it at the time.
The Bill of Rights represents an historic bargain between those who advocated a strong central government — and whose political ideas and wishes are expressed in the main body of the Constitution — and those who did not. Without the Bill of Rights, the Constitution ceases to be valid; any legitimate authority that derives from it ceases to exist.”

L. Neil Smith (1946) American writer

"Toward an International Bill of Rights Union," http://www.bigheadpress.com/lneilsmith/?p=36 31 August 2007.

“Like the government, corporations must be bound with the chains of the Constitution, and especially of the Bill of Rights.”

L. Neil Smith (1946) American writer

"How Many Americans Does It Take to Change a Dim Bulb?"

Harry V. Jaffa photo

“According to many of our political and intellectual elites, both liberal and conservative, the minority in a democracy enjoys only such rights as the majority chooses to bestow upon them. The Bill of Rights in the American Constitution—and similar bills in state Constitutions—are regarded as gifts from the majority to the minority. But the American Constitution, and the state constitutions subordinate to it have, at one time or another, sanctioned both slavery and Jim Crow, by which the bills of rights applied to white Americans were denied to black Americans. But according to the elites, it is not undemocratic for the minority to lose. From this perspective, both slavery and Jim Crow were exercises of democratic majority rule. This is precisely the view of democracy by the Sunnis in Iraq, and is the reason they are fighting the United States.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

2000s, The Central Idea (2006)

Joni Madraiwiwi photo

“For it is only when we all believe that the Constitution and the rule of law protects all our people and their rights, can these guarantors of rights be assured.”

Joni Madraiwiwi (1957–2016) Fijian politician

Speech to the Fiji Law Society, 2 July 2005.

“There is such a thing as freedom of speech in this country. It is a constitutional right. Too often these days when people speak out on certain matters there are attempts to intimidate or muzzle them and breach their rights by throwing allegations of racism or making hate speeches.”

Apisai Tora (1934) Fijian politician

Senate speech, 24 August 2004 (excerpts)

“(Television) Alabama's ban against vibrators stands…State says there's no constitutional right to an orgasm. (Sylvia) Rita, get my copy of the Bill of Rights. (Rita) I think that's in the Declaration of Independence.”

Nicole Hollander (1939) Cartoonist

Source: Sylvia cartoon strip, p. 20

Nelson Mandela photo

“In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading.”

Nelson Mandela (1918–2013) President of South Africa, anti-apartheid activist

1960s, First court statement (1962)
Context: In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading. All the rights and privileges to which I have referred are monopolized by whites, and we enjoy none of them. The white man makes all the laws, he drags us before his courts and accuses us, and he sits in judgement over us.

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