O’Neill: Our Rights Belong To Us, Not The Government

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By:Councilman Will O'Neill

I recently attended an event where a Republican governor criticized other governors (including California’s) for violating foundational rights. But within that context, she commented that the other governors violated rights given to us by the Bill of Rights.

Look, folks. Let’s get something right. Neither the Constitution nor the Bill Of Rights give us anything. And it’s really important to understand that.

At the risk of great oversimplification, those foundational documents set up a structure of limited government designed to protect rights that we already have.

It’s a concept embodied in the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

The First Amendment does not start by saying “Congress allows people to have such rights as …”. No, it starts by admonishing: “Congress shall make no law…”

The Ninth Amendment states: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Heck, Alexander Hamilton didn’t even think a Bill of Rights was required because “the people surrender nothing; and as they retain everything they have no need of particular reservation.”

And here in CA, our constitution’s preamble says: “We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution.”

We do not rely on our leaders to give us rights. We retain them. As Ronald Reagan once said, “Unless people control government, the government will control them.”

Which is why it is incumbent on a free people to stay free by controlling our government. Because if we forget we are free and that our rights do not come from the governors, then we live in the world President Reagan warned about.

Will O’Neill is a member of the Newport Beach City Council, representing District 7.

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