Cthulhu (07-04-2015)
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Through all of our running and all of our cunning, if we couldn't laugh we just would go insane. - Jimmy Buffett
Still not clear what you're saying.
One could I suppose see two tries. There's a conflict between the Constitution being the law of the land and the rights of the states to govern themselves, Amendment X. The first Congress decided prohibitions against violating natural rights applied to the new federal government, which made sense because the Constitution defines, empowers and limits the federal government. Later there was a shift toward applying the notion of law of the land with the incorporation of protections of some natural rights, Amendment 14, which incorporation has been extended over time. Both are Constitutionally grounded arguments.
St Aquinas said of natural law, which extends to natural rights, that it is that much of God's law man can discover through right reason. So, yes, it is a discovery process.
Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler