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Legal Question On Animal Rights


Does the U.S. Constitution protect animal rights over and above human rights? We found this short dissertation compelling, from both a legal and moral standpoint.


April 26, 2022 Update |

B.L. Cozad Jr., U.S. Army SFC, Rights Reporter


Prohibitions against cruel and unusual punishment are guaranteed by the Eighth Amendment. Un-enumerated rights are guaranteed by the Ninth Amendment and those rights retained by the people are protected under the Bill of Rights and the Fourteenth Amendment.


All Americans are protected under the United States Constitution whereas animals are protected under numerous secondary laws of our land.


We do not surrender the rights of the individual to the emotional aspects of moral disapproval. While city folk may strongly disapprove of cock fighting or bull fighting, it is something the animals choose to do to establish dominance and territory.


The question addressed here is has the state determined that animal rights shall take precedence above human rights?


Is protecting livestock a valid justification for using government force against farmers when it disrupts and endangers human lives, when no such constitutional justification can exist and is in fact prohibited?


Timbs versus Indiana: No. 17–1091 (2019) in a unanimous 9-0 opinion, the United States Supreme Court affirmed that the Eighth Amendment’s excessive fines clause is an incorporated protection applicable to the states under the 14th Amendment’s due process clause. The Supreme Court therefore reaffirmed (protection against) excessive fines and cruel and unusual punishment.


No argument that can ever be presented would justify government agents punishing a farmer by placing a higher value on animals than on our Constitutionally protected human rights.


 What right can be more deeply rooted and fundamental than our dominion over animals, fish and fowl granted to man by God as attested to in the Christian Bible? This fundamental right has stood for thousands of years.


In addition, the ii United States Constitution protects and guarantees the rights of each individual, thus the dominion (control and rule) over animals that the individual owns. This legal precept must necessarily be recognized and afforded the protections thereof without the threat of government punishment.


The U.S. Constitution guarantees liberty, justice, and freedom to follow one’s own conscience as long as the actions of the individual do not infringe on the rights of another person.


The government shall never have the power to punish a farmer or animal owner regarding animals they own unless those wielding government power are attempting to subjugate the rights of the person to be of less value than the animals the person owns.


These precepts are enshrined and codified in the supreme law governing the people of the United States through the U.S. Constitution.


Americans are guaranteed true liberty and freedom to follow one’s own conscience as long as the actions of the individual do not infringe on the rights of another person.


That is the law. We must not allow politicians to govern the animals we choose to keep. Would we allow vegans to outlaw meat? Should a fancy suit in Washington tell us how to saddle a horse or feed a flock?


We are a nation of laws, founded on the labor of mankind, not animals. EST 2002 © 1904



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