5 Jun 2023 6:10 pm
So, you are saying that only states can legislate on rights not mentioned in the Constitution? No, I don't think that is quite right.RedheadedStranger » 05 Jun 2023, 5:43 pm » wrote: ↑ 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
Rights are not legislated powers, they are inherent. Therefore, Congress has every right legistate, restrict, enhance, clarify rights, enumerated or unenumerated in the Constitution.Rights aren't something that laws create; they're inherent to individuals. That means people have certain fundamental rights simply by being human, and these rights exist independently of any government or legal system. Per the 9th amendment, just because a right is not in the bill of rights, it doesn't mean there are other rights, rights that are implicit in being human.
However, to ensure that rights are respected and upheld in society, we often need legal frameworks and legislation. In many democratic countries, like the United States, the constitution plays a vital role in defining and protecting individual rights. It establishes the basic rights and freedoms of citizens and provides a framework for creating and interpreting laws.
In the United States, Congress has the authority to pass laws that affect rights at the federal level, be they mentioned in the bill or rights or are unenumerated per the 9th amendment; to wit: (source, AI)
Congress's power is limited by the Constitution itself. The Constitution sets boundaries and restrictions on the federal government's powers, including how it can impact individual rights. For instance, the Bill of Rights in the U.S. Constitution specifically safeguards certain rights from government infringement.
- Civil Rights Act of 1964: This landmark legislation prohibits discrimination based on race, color, religion, sex, or national origin in various areas, including employment, public accommodations, and education. It aimed to protect and enforce the equal rights of all individuals.
- Voting Rights Act of 1965: This law aimed to address racial discrimination in voting practices. It prohibited practices such as literacy tests and other barriers that disproportionately affected minority voters and sought to ensure equal access to voting rights.
- Americans with Disabilities Act (ADA) of 1990: This legislation protects individuals with disabilities from discrimination and ensures equal access to employment, public services, transportation, and other areas. It promotes accessibility and reasonable accommodations to enable participation and equal treatment.
- Civil Rights Act of 1968 (Fair Housing Act): This act prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, sex, national origin, familial status, or disability. It aims to promote fair and equal access to housing opportunities for all individuals.
- Patient Protection and Affordable Care Act (ACA) of 2010: The ACA expanded access to healthcare and introduced several provisions, such as prohibiting insurance companies from denying coverage based on pre-existing conditions and allowing young adults to stay on their parents' insurance until the age of 26.
So, while it's true that Congress has the right to make, restrict, improve, or clarify rights at the federal level, we must also acknowledge that this authority is subject to the constraints and protections laid out in the Constitution. The Constitution acts as a framework to balance government power with the preservation of individual rights..