>>1345970>human rights are not laid out in the bill of rights anywhere;the constitution does not grant rights to people. you yourself acknowledged that here.
>>1345943 you correctly stated that the constitution does not lay out human rights, it establishes a government and gives that government certain limited powers
The bill of rights then goes on to recognize and acknowledge multiple preexisting basic human rights and then places limitations on the government when it comes to creating laws that would infringe upon those rights. examples of this would be the freedom of religion, freedom of expression and the right to keep and bear arms. all 3 of those rights are preexisting basic human rights and therefore the constitution does not grant the government power to regulate them.
> indeed many of the rights laid out implicitly do not apply to the human slaves the founders heldbecause slaves are not humans
>nor were they meant originally to restrict state governments (the legal theory of incorporation only comes about with the 14th amendment;yes, because its the federal constitution. not a state constitution. the constitution only talks about the powers of the federal government and then only recognizes state governments when seeding power to them, such as the militia clause which recognizes the power of state governments to form militias.
most state constitutions written before or around the time of the US constitution had a right to keep and bear arms clause. See Pennsylvania having it in 1776
>and of course all of the men who wrote these amendments did not consider their application to women, who were often barred from holding property or engaging with the government at all.based