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Letters to the Editor

Wednesday December 13, 2000

Rights guarantees don’t come from the Constitution 

Editor: 

Common knowledge assures us that approximately twenty-five years ago the Supreme Court of the United States was carefully combing through its copy of the Constitution and discovered therein a “right to privacy.”  

Under this right was discovered, or assumed to be, all sorts of other rights such as a woman’s right to consult with her physician about medical procedures and a woman’s right to abortion. These, therefore, would seem to be a woman’s reproductive rights.  

It seems highly improbable, however, that our founding fathers carefully inserted our individual human liberties in the main body of the Constitution, to be discovered by a Supreme Court some two-hundred years later.  

In any case, the Constitution is a vehicle for conveying power and authority from the federal government to various state governments. It was because there were no rights expressed in the Constitution that it was deemed necessary to compose the Bill of Rights. The American people, therefore, do not have “constitutional” rights.  

What the human race has, therefore, is inherent “natural rights” as set forth in the Declaration of Independence. It is, in fact, obvious that human beings cannot derive their rights from a charter such as the Constitution. They must, in fact, derive their rights and the authority for those rights from an authority that is above and beyond human law.  

The human race, therefore, derives its inalienable natural rights from the “natural” law. These rights are inherent in our natural being, very much like our internal organs are an inherent part of our body.  

Do women, therefore, have a right to an abortion? As the popular media assures us they do? Or, do women have a right to choose? It is not any gender, race or class that have these rights; it is the entire human race, in common, that possesses these rights.  

As we examine our rights, we can see that none of these rights is right to a specific action such as the right to an abortion would seem to be. But, all our rights are rights to abstractions. Why is this? This is because a right to s specific action would be an absolute, unrestricted right to perform to action under whatever circumstances.  

What we have, therefore, is not the freedom to choose an abortion, but free will. The freedom to choose amid an array of choices comes down to which choice is right and beneficial to society and which choice is wrong and detrimental to society and deprives our fellow humans of their rights.  

 

Frederick A. Arend 

Oakland 

Expand Aquatic Park 

The Daily Planet received this letter written to the City Council: 

It is my pleasure to communicate to you the will of the membership of Berkeley Partners for Parks regarding the soon to be vacant “American Soils” property. 

Berkeley Partners for Parks requests that the City Council seek funds to secure the property soon to be vacated by American Soils as public park land to be incorporated into Aquatic Park. 

This property would make a valuable addition to Aquatic Park, having room for a playing field, basketball courts and other amenities as determined by a public process. It is one of the last sites available in the entire city where a playing field could be added. Many of you have personally stated that Berkeley is still short of playing fields and you are committed to building additional playing fields - this may be one of the city's last chances. The neighborhood adjacent to Aquatic Park is under-served recreationally, having no basketball, tennis, or playing fields except those at Columbus School, which is often closed to the public. 

Aquatic Park could be made more accessible to the adjacent neighborhood, and could be a destination park for all age ranges within Berkeley, with the widest and most exciting range of open space and recreational opportunities of any city park.  

As you, the City Council, commit in the upcoming General Plan to increase our city's population, you must also commit to serve our expanding population's open space and recreational needs.  

The time is now for the city to secure this soon to be vacant property as open space for Berkeley. Thank you for your kind attention. 

 

Zasa Swanson 

President, Berkeley Partners for Parks