Let us consider a simple tale about rights. It seems we have people claiming them galore these days. Our Bill of Rights is really quite limited but alas many more have been claimed beyond this document's lists.
Say some people want the wearing of hats as a right. Namely any person at any time in any place in the United States may if they so desire wear a hat. This is the right of hat wearing. Now how does this right, allegedly, become a real right? Well for one Congress can pass a law. Yet another Congress can invalidate that law. Can the President do anything? Not really under our Constitution, the President is there only to execute laws, not make them. What of the Supreme Court? Well it can adjudge this right as not part of the Constitution. But alas if it is a law, it still stands.
A second path is to have Congress make this an Amendment to the Constitution. It takes 3/4th of the States to agree but if it passes then the Supreme Court may interpret it. That is why it must be written with no ambiguity.
A third way is a state by state approach. Namely I have a right to hat wearing in New Jersey but not in New York.
But what of conflicts. Say a religion forbids hats in Church. The Constitution protects religious freedom so does that mean the Bill of Rights trumps the Hat wearing amendment!
Welcome to law!
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