There is no such thing as "Constitutional" rights.
Why? Because our Founding Fathers made it clear that our human rights come from God (or if you prefer, "the state of nature."). The Constitution does not; and as the Ninth and Tenth Amendments make clear, cannot enumerate our rights. It does, however, list all of the powers of the federal government.
If our rights were based on the Constitution, they could be erased by court decisions or by replacement of this Constitution with something else. The same rights, by the way, apply to everyone else who sets foot in this country. Everyone else, including alleged jihadists -- because they are rights applicable to all humanity. It has to be this way, because we do not want to punish innocent people, and the only way we can avoid punishing innocent people is to ensure that all people receive due process of law.
With this in mind, we need to talk about pre-Constitutional, or natural rights. Mr. Babka concludes:
Pre-constitutional rights are necessary to a natural law viewpoint; the philosophy held by the signers of the Declaration of Independence, the framers of the Constitution, the ratifiers of the Bill of Rights, AND Downsize DC. We shout it loud and proud -- "Pre-constitutional rights precede and are superior to Constitutional rights."
Obviously, we're still grateful that our pre-Constitutional rights are acknowledged in the Constitution. It's important that the requirement for The State to protect these rights is the law of the land, because those who covet State power constantly seek to harm humanity. But . . .
If we're depending on the whims of the employees of The State to protect us, simply because we're all Americans, then our faith is misplaced. The Constitution cannot protect a people who fail to vigilantly understand from where it is their rights derive. Neither can the protection of those rights be honestly maintained if we're unwilling to acknowledge that everyone else has these rights too, NOT JUST CITIZENS. Remember the Golden Rule!
To deny that human rights are inalienable in any one case, it to deny them in every case, including your own.
If you are not registered with DownsizeDC.org, I encourage you to join.
And I will encourage all of my readers henceforth to act in support of our pre-Constitutional rights!