Off topic I know but I wondered if you had run across this revealing piece of Justice Thomas’ view of “rights”:

http://www.nytimes.com/2009/04/14/us/14bar.html?hpw

Highlights:

**”The event, on March 31, was devoted to the Bill of Rights, but Justice Thomas did not embrace the document, and he proposed a couple of alternatives.

“Today there is much focus on our rights,” Justice Thomas said. “Indeed, I think there is a proliferation of rights.”

“I am often surprised by the virtual nobility that seems to be accorded those with grievances,” he said. “Shouldn’t there at least be equal time for our Bill of Obligations and our Bill of Responsibilities?”

(well, no that would have been completely inimical to the Founders’ purposes in writing the Constitution. He seems to lack the most basic understanding of the foundations of American liberty.)

**He continued: “Or how can you not reminisce about a childhood where you began each day with the Pledge of Allegiance as little kids lined up in the schoolyard and then marched in two by two with a flag and a crucifix in each classroom?”

(throw in a little sentiment for Fascism…)

** But to his credit, at least he’s not a theocrat, or so he says:

“There are some cases that will drive you to your knees,” he added. “In those moments you ask for strength and wisdom to have the right answer and the courage to stand up for it. Beyond that, it would be illegitimate, I think, and a violation of my oath to incorporate my religious beliefs into the decision-making process.”