Understanding Legal Rights: A Deep Dive into Inalienable and Ordinary Legal Rights
Legal rights are fundamental to any society, ensuring protection, justice, and equality. The United States of America has a rich history of forming these rights through constitutional amendments and ordinary laws. This article explores the distinction between inalienable and ordinary legal rights, delving into the complexities of constitutional amendments and the roles of the Supreme Court.
inalienable rights in the US
For individuals residing in the United States, a multitude of civil and political rights are protected by the Constitution. These inalienable rights encompass a wide array of protections against governmental and private infringements. Among these are the right to security of one's person, the requirement for warrants to conduct searches, the right to a speedy trial, the right to legal representation, the right to a jury of one's peers, the right to be informed of one's rights with advice not to speak, the right against excessive bail, the right against extreme punishment, the right to vote, the right to citizenship, and most importantly, the right to life, liberty, and property.
The first 10 Amendments, also known as the Bill of Rights, form the basis of these inalienable rights. Additionally, other amendments have been added over time to address emerging issues. All these rights are established to prevent government or private entities from harming individuals and to provide benefits to them. Unlike ordinary laws, these inalienable rights are integral parts of the Constitution and can only be amended through a complex process involving a two-thirds vote of Congress and a three-fourths approval from state legislatures.
ordinary laws and amendments
It's essential to distinguish between inalienable rights and ordinary laws. While ordinary laws do not have the same level of protection as constitutional amendments, they play a crucial role in shaping societal norms and ensuring social welfare. Examples include the Civil Rights Acts, the Affordable Care Act, and various social policies related to welfare, social security, and Medicare. These laws are subject to revision, repeal, or addition through a simple majority vote in Congress and the President's approval.
Given the significant impact of these ordinary laws, many prefer to transform them into constitutional amendments to ensure their permanence. This is particularly evident in contentious issues such as abortion, where the ongoing debate underscores the need for a clear and definitive resolution. Ordinary laws, such as those proposed by a Senate majority, are deemed insufficient, as they are easily reversed by another Senate majority.
the role of the supreme court
The Supreme Court plays a pivotal role in interpreting the Constitution and determining the applicability of laws to specific situations. However, even the Supreme Court's decisions can be challenged and overturned. This highlights the importance of enacting laws as constitutional amendments, as these changes are far more difficult to reverse.
For instance, the Supreme Court has not been able to pass laws that allow or prohibit abortion. Any attempt to do so will likely face constitutional challenges, ultimately reverting the issue to state legislatures for a definitive resolution. Thus, for significant issues, amending the Constitution through the established process is the most reliable means of achieving a lasting outcome. Ordinary laws, on the other hand, are more susceptible to fluctuation due to changes in political landscapes and public opinion.
conclusion
In conclusion, while ordinary laws are essential for addressing current societal needs, they lack the robustness and permanence of constitutional amendments. Inalienable rights, enshrined in the Constitution, provide a solid foundation for individual freedoms and protections. Understanding the differences between these two types of legal rights is crucial for maintaining a balanced and just legal system.