Legal Question in Constitutional Law in Maryland

citizen's rights

what does the government give up in the open society created by citizen's rights, and is that sacrifice worth the liberty it guarantees?


Asked on 2/26/04, 7:01 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: citizen's rights

Liberty is granted to both the government and its body politic each having respective rights and obligations. Arguably throughout history many occassions have arisen where Government has given rights over liberty. Each successive generation has a responsibility to the next to pursue liberty.

Liberty is the essence of democracy yet ours is a constitutional republic based on democratic ideals. The Constitution provides rights which our founding fathers deemed fundamental to the human experience. These rights are provided within a system that makes each citizen subject to concurrent jurisdiction of a republic and a state. As with a citizen so it is with a state since each state is also responsible to the republic (i.e., the Federal Government).

Through a representational and apportionment system the Federal government is to be accountable to the citizenry and to the several States. Thereby the Representatives of the House and members of the Senate are created each having separate roles and limitations of power.

Ours is a democratic expression of liberty. Liberty arguably cannot exist under a democracy. Representation in government detracts from the expression of liberty where the voice of the body politic is ignored. Many would seek to change the Constitution and disrupt the strength of our country. With each amendment to the Constitution another aspect of liberty is being expressed. Presenting and reviewing liberty and rights of citizens and our progeny is the dual obligation of those who are elected as well as those who elect.

Long live the United States Constitution and the American way of life and may it forever more undergo scrutiny.

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Answered on 2/27/04, 12:40 am


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