The Myth of Rights: The Purposes and Limits of Constitutional RightsWhat is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases i. e., that rights protect autonomy. That understanding, however, is wrong; it is, indeed, The Myth of Rights. The primary purpose and effect of constitutional rights in our society is structural. These rights restrain governmental power in order to maintain a balance between citizens and the State, and an appropriately limited role for
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The Myth of Rights: The Purposes and Limits of Constitutional Rights