If individual rights are intrinsic, they exist before and independent of the State. When we sacrifice certain freedoms in exchange for security from the State, that does not mean all powers are vested in the state and whatever they don’t become are our rights. All of our individual rights, whether mentioned or not (Amerndment 9) belong to us, aside from those specific freedoms we cede to the State.

In other words, no government has no right to invade our privacy. If the Federal government is prohibited from doing so, the Founding Fathers would have thought this principle extends to any form of government on state or local levels.

In a nation of laws, you can’t have a patchwork of alternate realities, depending on whether you cross a state line, or even walk from one town to another. (This principle is illustrated by the Oklahoma vote to amend their state constitution to ban sharia from courts in any jurisdiction. They were afraid some small town might do it. But it applies to any religious law; the First Amendment prohibits Congress from doing it, so it would be unconstitutional at all levels of government below the federal government as well. The Oklahoma ban was then ruled unconstitutional because it discriminated among religions)

That gets back to the creation of Civil Rights. The nation recognized that certain states were enforcing institutional discrimination against minorities, depriving them of their Constitutional rights under the veil of States’ Rights.

Our evolution as a country (abolition of slavery, women suffrage, Civil Rights Acts, Roe v. Wade, same sex marriage) has always moved in the direction of recognizing that all people are equal in the eyes of the law and enjoy the same rights, regardless of their religion, race, gender or sexual preference.

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