The Framers of the Bill of Rights did not purport to 'create' rights. Rather they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be preexisting.
The Constitution is not neutral. It was designed to take the government off the backs of people.
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There is nothing anyone can do anyway. The public has no power. The government knows I'm not a criminal. The parole board knows I'm not a criminal. The judge knows I'm not a criminal.