by Charles Cooper
The Constitution is the greatest protector of rights ever penned by man’s hands. Simply by being a written Constitution, the document professes to be a touch-stone of liberty. Like a rule book, if you want to know if someone is cheating in the game of government, you simply read the rule book. Further, the genius that the American Founders invested into the U.S. Constitution becomes more and more apparent the closer it is scrutinized. The executive is the only nationally elected office, the Senate originally represented the states, and the House represents the communities within the states. Each level of the American experience is represented in our national government. The staggered elections of two, four, and six years keep emotion from seeping into the machinery too quickly. The list of wonderful mechanisms literally goes on and on: checks and balances, federalism, the amendment process, etc.
There is a glaring and often overlooked weakness or absence, however. Even before the attachment of the Bill of Rights and certainly after its inclusion, the U.S. Constitution claims/ed to protect individual rights. At the core of this venerable document the most important term, “right”, remains undefined. In other words, the U.S. Constitution claims to protect “rights”, but does not define the term. So, one can ask, what exactly is the Constitution protecting?