More important than a link to McCain's alleged statement, could you cite the supreme court decision affirming this power?
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Certainly you would not claim the US Constitution gives you rights, unless you believe the conservative, strict constructionist, non-judicial activist, justices are wrong, and the liberal justices are correct.
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The Constitution does not "give" you any rights, it merely affirms pre-existing rights and protects them.
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"You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; right derived from the Great Legislator of the Universe."
-- John Adams
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"The whole of the Bill (of Rights) is a declaration of the right of the people at large or considered as individuals .... It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of."
-- Albert Gallatin, New York Historical Society, October 7, 1789
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