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Governments can recognize rights, but no government creates rights

By David McElroy · January 25, 2013

Right to keep and bear arms

Where does your right to free speech come from? Most people would say it comes from the First Amendment to the U.S. Constitution. Where does the your right to own weapons come from? Most people would say that right is created by the Second Amendment. If you’re among those who would answer that way, you’re mistaken. Let’s talk about why.

A right is something you’re born with simply because you’re a human being. Those who recognize natural rights — including me — assert that the same rights apply to every single person, wherever he lives and whether he’s allowed to exercise his rights or not. We assert that every human being has the natural right to his own life and to the property which he morally acquires or creates.

Because of that, the right to free speech has existed forever, whether any government recognizes it or not. In the same way, you have the natural right to be completely free, as long as you’re not infringing on the rights of others to live their own lives and control their own property. No government document creates that right. A government document can only recognize what already exists. (And the fraud known as the Social Contract is just a lie.)

Read the text of the Declaration of Independence. The men who laid the foundation for independence from Great Britain were very explicit about rights being natural and pre-existing: “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.” The statement further asserts that the purpose of government is to “secure these rights.” So the purpose of government is to protect the natural and unalienable rights that every person is born with. Remember that this was written before anybody ever conceived of the Constitution’s Bill of Rights.

Over the last hundred years or so, a peculiar idea sprang up from the Progressive movement. These people somehow came up with the odd notion that rights exist only if a government creates them and gives them to you. Barack Obama is among the people holding this peculiar view. You can see it in much of what he does or says, but here’s a quote that makes it very clear that he believes government creates rights and that he believes government can take away rights.

At a Democratic debate in Philadelphia in 2008, Obama said, “As a general principle, I believe that the Constitution confers an individual right to bear arms. But just because you have an individual right does not mean that the state or local government can’t constrain the exercise of that right.” [Emphasis mine.]

Obama claimed in that statement that the Second Amendment “confers” the right to own weapons, which means he doesn’t believe it would exist without that line being part of the Constitution. He also says (in the later part of the quote) that just because a right exists doesn’t mean that governments can’t take it away (at least in part) at their whim. If a government can take something away from you, it’s not a right. It’s a privilege.

Most people who talk about rights today have no idea what the term means, because they’ve bought into the notion that rights are granted by governments. They believe a right is something that is given or created by government, so it can also be limited by government. But since human rights are actually pre-existing, their approach can never match with the approach of those who recognize natural human rights. They’re using the same word we use, but we’re using the same word to mean very different things.

This is why I think the Bill of Rights did more to harm rights (and the understanding of them) than anything else. The Constitution was intended to give government certain narrowly tailored powers and nothing more. (I don’t believe it’s possible to give government any “limited” power, and the monster that grew from this experiment in limited government proves it, as far as I’m concerned.) The people who wrote the document didn’t believe that they needed to list rights, because the Constitution didn’t grant government any powers other than the narrow powers listed. The government was never intended to have the power to violate anybody’s rights.

Since some people insisted that there be a list of rights, the 10 amendments were adopted, but the last two were there to make sure that nobody thought this was an all-inclusive list. But what did people do? They assumed that this was a list of “our rights” and they completely ignored the text of the Ninth and Tenth amendments. It’s hard to be more specific. The people who wrote the Bill of Rights were saying, “Here are some things we’re specifically mentioning that are to be protected, but the rights not mentioned are still retained by the states and the people.”

Courts eventually ignored the Ninth and Tenth amendments. If you assume that the first eight amendments are granting rights, the Ninth and Tenth amendments make no sense. Literally. There would have been no reason for them to exist.

As a result of courts adopting this unhistorical Progressive view, Americans are seen today as having no right unless it’s specifically mentioned in the Constitution, which turns on its head the clear intent of the people who wrote the document. (Ironically, the same Progressives which denied the text of the document found the right to abortion in the text somewhere, so consistency isn’t something they can boast about.)

You have the right to speak freely. You have the right to worship however you’d like. You have the right to own weapons so you can protect yourself from a tyrannical government. You have the right not to be forced to testify against yourself. You have the right to own the fruits of your labor. You have all of these rights because you’re a human being, not because the men who signed some document might or might not have written them down.

The federal government is now debating additional measures to restrict your freedom to own weapons to protect yourself. Because the government is powerful and out of control, it will get its way, whatever it decides. But if legislation is passed to take away your guns — and even if the guns are taken from you — it wouldn’t mean you’ve lost the right to own those weapons. It would merely mean that thugs were violating your rights.

You have rights as a human being that are unalienable. They can’t be taken away from you. No human gave the rights to you. They’re yours just because you’re a human being. You need to understand this and quit believing that government gives rights and takes them away.

Assert your right to own and control your own life. If someone prevents you from controlling your own life — simply because he has the power to use force or threat of force to compel you — realize that you’re living under a tyranny. Don’t make the mistake of believing that anybody has the ability to take your rights away from you.

You own your rights, even if thugs calling themselves “government” prevent you from exercising them at times.

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Future Photo Display

As part of my effort to rid my life of social media, I will no longer display links to my two Instagram accounts here. Those accounts will be dormant for the time being and will eventually be deleted. I plan to have a method for displaying photos here instead, but the solutions I’ve tested so far have been disappointing. I’m still working on it.

My Instagram

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It’s too bad Meg can’t relax a little more, huh? I It’s too bad Meg can’t relax a little more, huh? I’m obviously kidding, because this little girl has quite a bit of confidence when she’s hanging out with me — and she has more confidence around the three boys every day, so that makes me happy. She’s been a great addition to the household.
By the time I left the office about 5:30 p.m. Frid By the time I left the office about 5:30 p.m. Friday, some light rain from the approaching hurricane was starting to fall. It’s been completely cloudy in Birmingham all day because of the bands of clouds pushing north from the Gulf of Mexico. About halfway home, I noticed that the sky had suddenly started exhibiting this beautiful orange glow to the west. So even though it was far too cloudy for us to see a real sunset, the light was still colorful enough and bright enough to punch through at the horizon. So I stopped on the Cahaba River bridge on I-459 and caught this quick shot. Within just a couple of minutes, the clouds had covered up the color — and the rain started getting a bit harder. By morning, we should have howling winds and serious thunderstorms. Let’s just hope there are no tornados spawned by this storm in our area.
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Sunset, Leeds, Alabama — August 27, 2026 Sunset, Leeds, Alabama — August 27, 2026
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When I take lightning pictures, I’m always hoping When I take lightning pictures, I’m always hoping to get just one usable photo, but I got two dramatic images tonight. You might recognize the water tower and communication tower that you’ve seen in many of my sunset photos. This is about a mile from my house in Leeds, which is just east of Birmingham.
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As the weather gets cooler, the boys are enjoying As the weather gets cooler, the boys are enjoying the heated pad more and more. Alex is experiencing the bliss that a human might find it a sauna late Monday night. I haven’t yet seen Meg use the heated pad, but the other three love it.
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It was a year ago today when cancer took Lucy away It was a year ago today when cancer took Lucy away from me. I still miss her every day.
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Briefly

I’m seeing a lot of simplistic and dishonest explanations right now for the current rioting in France. Those on the populist far right claim it’s all about Muslim immigrants to France disrupting the culture. Their message is that this sort of thing is going to happen in the U.S. unless “we defend the border.” On the far left, socialists and their fellow travelers claim the riots are all about wealthy people in France not paying enough taxes, resulting in cuts to government services. The truth is far more complicated, but it’s rooted in the decline of population growth in Europe. There simply aren’t enough young workers paying into the tax system anymore, so cuts in social services were inevitable. There is genuine cultural tension as more and more people immigrate from other countries, but government cuts to education and other services are even more important to what’s happening. The situation is complicated, so don’t let dishonest people with U.S. political agendas tell you that it happens to support whatever they were already promoting for partisan reasons.

Here’s another reason to appreciate the cats in your life: New research involving 93 countries found that places with more cats per person also tended to have happier people. The researchers say the finding fits with previous evidence that living with pets can reduce loneliness and stress while providing companionship, emotional attachment and social support. The study doesn’t prove that cats cause greater happiness, but it certainly adds to the evidence that sharing your home — and your life — with a cat might be good for you.

The company that owns Facebook and Instagram is heavily promoting its new AI-based software assistant called Muse, but people who are using it as it was designed are incredibly foolish. An early adopter of the software discovered that a few days ago when he advertised an item for sale on Facebook Marketplace — and he inadvertently gave Muse full authority to act on his behalf. The software agreed to a lowball offer made by another Facebook user and then gave that man the home address of the man for whom he was an agent. The software told the buyer that the seller was home and waiting for him. When the buyer showed up and waited angrily, the would-be buyer left an angry review for the man. And this angry man had the seller’s home address. It was only well after that that the software reported what it had done and admitted it had made a mistake. I won’t be putting that much power into the hands of any software. I think anyone who agrees to such terms is a fool. And the software’s user agreement says you’re responsible for purchases the software makes in your name. Nope.

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There’s nothing socially acceptable that’s as dangerous as drinking alcohol. Most people grow up being told to “drink responsibly” — and all of us see people abusing this drug in one way or another — but the truth is that drinking alcohol is always a terrible risk. The alcohol in these drinks is toxic and the human liver has to work hard to filter the toxins out. What most people don’t realize is that alcohol is classified as a known carcinogen by the World Health Organization — because of the well-established connection between imbibing and various cancers. Many people have taken refuge behind the idea that light or moderate drinking might be safe, but a new study shows that drinking even one drink a day increases the risks of 10 types of cancer. When I was a teen-ager, I looked around and saw the negative effects that this behavior had on a lot of people and decided not to start drinking, so I’ve never even tried this poison. The evidence keeps piling up that I was lucky to have come to that conclusion early.

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