OK, pop quiz. True or false: as a United States citizen, the government gives you certain rights, as enumerated in the Bill of Rights?

If you've been paying attention here, you would know the answer to that question is: false. While this is a commonly held assumption, it is, in fact, a misunderstanding that has led to our enacting numerous laws that are, in fact, in violation of the United States Constitution.

The truth is, the Bill of Rights details rights that we HAVE as US citizens, that the founding fathers felt we were given by our creator (see the Declaration of Independence), and that they felt no government should have the right to infringe. This is why the First Amendment to the United States Constitution establishes that "Congress shall make no law respecting an establishment of religion, nor prohibiting the free exercise thereof" (emphasis mine). The remaining Bill of Rights use similar language, explaining, not that the government is GIVING these rights to its citizens, but that the government is enjoined from removing these rights from citizens.

It is important to note that we have a long history of government violating these rights, and that in this day and age, these rights are rights considered to be given to United States citizens. But it is important to note that our founding fathers felt that "ALL men are created equal, and that they are endowed by their Creator with certain inalienable rights, that among these rights are life, liberty, and the pursuit of happiness". It is important to note they felt that this applied to all men (and, personally, it would be appropriate to note in this day and age that this standard should apply equally to all women, even if the legalese of the 18th century didn't see fit to make such an inclusion), and that those rights were not contingent on US citizenship.

This is why torturing enemy combatants is wrong. This is why indefinite detentions without cause is wrong. This is why wiretaps without warrants is wrong (again, noting that the law allows a warrant to be obtained after the fact, if necessary). Sure, we need to provide for the common defense, but we need not do so on the backs of the liberties that should be available to ALL of humanity.

One blogger here has stated in the past that our approach should be: if you don't like the law, change it. Until/unless you change it, ADHERE to it. If the American people feel that it is time to shred our Constitution and create a new one, then they have a fundamental right to do so. But until we decide by a supermajority that our Constitution is no longer valid, it is our duty as citizens of these United States to ENFORCE it, both at home and abroad (as regards the dealings of our own government agents, not those of foreign sovereign nations).