C. Supremacy of Rights

No Right can be taken away or reduced unless this Charter clearly allows it. Any government exercise of power that weakens a protected Right is not valid.

All Rights guaranteed under this Charter apply equally at all levels of government, without exception.

No emergency can justify reduction, elimination, or suspension of Rights, even on a temporary basis.

Returning to the foundational principle outlined in the preamble, this clause simply asserts there is nothing, not even an emergency, that can justify the removal of rights.

The rights were ours before the government. Therefore, the government has no authority to take them.

History is filled with examples of "temporary" suspensions of rights becoming tyranny. The commentary I provided above for Art. I, Sec. B. illustrates how this happens over time, using the specific example of governmental immunity. But the Alien Enemies Act of 1798 was used to intern the Japanese-Americans during World War II. That's another example from our own history. Even a casual search will find many others. If we broaden our lens to the whole world, we see Russia under Putin, Hungary under Orbán, and Turkey under Erdoğan, and that only includes examples from recent events.

Rights can't be curtailed for the "security of the state," or "the safety of the people," or for simple administrative convenience. More often than not, it ends in injustice; ask a Muslim in the post-9/11 era.

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