martybegan
Diamond Member
- Apr 5, 2010
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Not the way law works.
First of all, the constitution does not mandate anything, and is actually mostly just a division of jurisdiction between federal and all other.
Second is that all law is based on pre-existing natural rights.
Since they are infinite, there are generalities that cover all rights, like "battery", "assault", etc.
While government is not always reqired to act, then the individual is authorized to take it upon themselves, so it is always much better if the government does it instead.
It mandates what rights can't be legislated against, such as RKBA and free speech.
It's the way the law should work.