I think you're making a leap that's not necessary. If a person has a gun to your head, he has the power of life & death over you. It doesn't matter who loaded the gun, manufactured the bullet, or gave birth to the person. He's got the power now, and can decide what to do with it.
we are not discussing conditions involving enforcement.
we are discussing what should be the grounds for the foundation of fundamental rights.
two differing issues together.
Which begs the question why you brought it up.
So, in order for you to get back onto the subject of power... who's got what given to them by who to grant fundamental rights... requires?
Who took up guns and fought the war that made the founding fathers think they could start a country?
The people.
Who gave the people the power to take up guns to give the founding fathers the ability to think they could start a nation?
Probably people with agendas, but people nonetheless, and I could not care less about the agendas at this point; they are still people.
But who gave those people the ability to rally the masses enough to incite the necessary morale to pick up the guns to give the founding fathers the ability to think they could start a nation?
See where I am going with this?
You have to backtrack the series of events to find the source. There is a problem, however. There IS NO SOURCE.
So, my question remains: Who gave the power to the people to make them think they have the power to enact change on their living conditions?
Do you understand the point I am trying to make here?
It's all about our origins, but some may find my logical reasoning to be a difficult path to follow (and some may, with the ability to do so, say that I have no bearing on navigation) but when it comes down to it, where in the records of existence propelled us to the level we can decide that we have the ability to kill one another because they believe on thing, and we believe a converse, to which (supposedly) there is no resolution?
Oh, wait, we were talking about fundamental rights. Sorry, must have gotten lost at the American Revolution.