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Like the first Constitution of New Hampshire, the Declaration of Independence, many of the other State Constitutions and the Constitution for the United States use the phrase "rights and privileges" or "immunities and privileges." "Rights" refers to natural rights as set forth by John Locke and others. Immunities refers to the protection of those rights from government. John Adams characterized them quite well in the following: "You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe." Similarly, Blackstone, from his commentaries on the law (1:93) writes: From this we see that rights, natural rights, precede government. Madison said in the National Gazette, 1791: So we see that the very purpose of government is to protect natural rights. Our founders then considered privileges to be what we now consider civil rights, or those rights which exist only because government exists and grants them. Rights of this sort include voting. The Constitution of New Hampshire, Part 2, Article 1, states the principal of people organizing into a sovereign and independent State quite succinctly: Note the similarity of the language to de Vattel’s. The word sovereign was so important that in the 1792 enrolled copy, when the secretary failed to include it, sovereign was written over the line to insert it as shown in the image above. Note, too, that the fundamental definition of corporation is body politic, so that Part 2, Article 1, also creates the corporation to carry out the business of the republic, which enjoys sovereign immunity (the members can’t be sued for the actions of the corporation), as do all corporations, and enterprises incorporated by the authority of the State. SUMMARY: |
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