Monday, March 23, 2020

RIGHTS

We have rights. What is a "right." A precise definition can be elusive and may require a journey into the mysteries of philosophical thought. However, a rough, simplistic definition might be a right is an entitlement to something; for example, a freedom or a protection against interference with a freedom.

Perhaps, the best definition is by examples; and the most obvious example is the Bill of Rights, comprising the ten first amendments to the U.S. Constitution. In particular, the First through Fifth Amendments illustrate such prominent rights as freedom of speech and due process.

However, less familiar, but not less important, is the Ninth Amendment, which states:

"The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people."

What are these "other rights"? Perhaps the Declaration of Independence can suggest an answer in this passage:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness." In addition, "other rights" may include rights created or recognized in federal and state statutes and regulations, state constitutions and court opinions.

Among other things, water utilities should be aware of the need to consider and respond to how rights may affect their operations.


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© 2020 Daniel J. Kucera

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