Do you understand what I mean when I say "functional difference"? Whether we "allowed them" or they just did it...the rights were taken away...
No, that is why the "in theory" part is so important.
Government is a tool to control and/or serve the people. That's it. We have whichever "rights" we demand, take, force them to give us...no more. If we, as a society, believe that we should have this or that right, then we have to work to establish and protect it. If we don't do what is necessary to establish or protect it, then we effectively don't have that right.
I know you want to believe in "god given rights" or whatever, but we are dealing with reality here. And the reality is that we only have the rights, in any meaningful manner, that we take and hold onto for ourselves. All your talk of "god given rights" is utterly useless except, perhaps, as a rhetorical tool.
So you do understand that the Constitution does not grant us rights... And we are not discussing God given rights, although you should be very glad this was how our country was founded. The Constitution is just a simple document that lists powers that we the people grant to the government.
