Prior to creating “governments” to secure their Rights, The People (mankind) of each of the several (sovereign countries) states, created Bills of Rights binding the limits of said would be governments (see part 1 of any/all constitutions).
Said Rights are ‘prescribed’ by The People to set clear boundaries of authority and liability between those People as Grantors and the Legislators as Trustees, thus it is obvious all Bills of Rights are Declaratory in nature and intended to be Trust documents between “The People” and their creation (Legislatures) who are entrusted to create said governments to secure those unalienable Rights of man.
Said Bills of Rights being declaratory in nature, did and continue to enumerate (declare) some of the pre-existing natural/fundamental/unalienable (natural law) Rights of man.
See Declaration of Independence 1776: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, . . .”
Whereas all men are created equal, and, in accord with the Privileges and Immunities Clause of Article IV, Section 2 of the federal Constitution, said Declarations of Rights are substantive to every man wherever that man may find himself in the world.
See Article IV Section 2: “the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.”
See Article 9 of the federal Bill of Rights: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
See Article 10 of the federal Bill of Rights: 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.
The limitation of authority granted to all Legislatures is clearly expressed in Article 38 (New Hampshire 1784) of “Part the First”, as being only for the “good administration of Government”, which is also clearly “self evident” in the unanimous Declaration of the thirteen united States of America, 1776, which is to secure the unalienable Rights of man.
See NH Article 38: A frequent recurrence to the fundamental principles of the Constitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government; the people ought, therefore, to have a particular regard to all those principles in the choice of their officers and representatives: and they have a right to require of their law-givers and magistrates, an exact and constant observance of them in the formation and execution of the laws necessary for the good administration of government. – 1784
To violate any provision of any Bill of Rights is to encroach, impede and/or to interfere on said Rights and to violate said PUBLIC TRUST.
See 18 U.S. Code § 924 – Penalties
See 18 U.S. Code § 242 – Deprivation of rights under color of law
See Substantive Due Process
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