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Old 04-26-2011, 03:37 PM   #20 (permalink)
roachboy
 
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rights are inherent because a constitution frames them that way. there are functional reasons for that. the result is that within a legal system that operates on the basis of the premises outlined in that constitution, rights are understood as inherent. in a different type of legal system, that wouldn't be the case: for example, in an older-school monarchy, rights are, like everything else, granted by the king. within such a system, that is simply how things work.

that said, i have a problem with the way gitmo et al was justified legally and ethically and part of that has to do with unnecessary and/or arbitrary abrogation of basic legal rights guaranteed not only by the us constitution but also by international agreements that the united states is signtory to. i think the consequences are as you say grey wolf.
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