This will probably knock Mike G for a loop, but Rush Limbaugh was completely wrong today during his harangue on Obama's discussion of negative rights.
There was plenty wrong with Obama's take on redistributive justice, but saying the Constitution is a document of negative rights is not one of them.
There are different ways of looking at the Constitution, but there's nothing radical in the thought that it is mainly concerned with what the government cannot do. If you look at the Bill of Rights, for example, virtually every right named is phrased as what the government cannot do:
1. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
2. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
3. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
4. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5. No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Perhaps Obama's argument was more suited to a law school classroom, but it's obvious that Rush didn't understand that describing these constraints on government actions as "negative rights" was not some sort of liberal conspiracy. The Founding Fathers understood that a government of limited powers would only stay that way if the Constitution outlined exactly what the government was allowed to do...and no more.
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