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UNALIENABLE RIGHTS Second, the Declaration of Independence states that all men are "endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness . . ." The Declaration recognizes that unalienable rights are defined a priori by God. In this sense, the law governing the exercise of unalienable rights is from eternity. Lex est ab æterno.35 Neither the Declaration or the Constitution could enumerate all the rights which were to be protected. They could, however, point to the source of rights - our Creator - for reference by future generations. Each succeeding generation could then look to God the Creator and the particular rights he has granted which that generation considered were most suitable to assuring its own safety and happiness. The legal definition of "unalienable," and "rights" are worth reviewing. By definition, unalienable means incapable of transfer. In other words an unalienable right cannot be given away. More importantly, however, that which is unalienable cannot be taken away, especially by the civil government, except by forfeiture.36 The idea of rights as unalienable, indefeasible, indubitable or inherent was part and parcel of the framers' worldview. Though these different words may not have precisely the same meaning, they carry the same essence - that people have certain rights from their Creator which civil government is not authorized to deny or disparage.37 The idea of unalienability is easier to grasp than the idea of rights. This condition is owing to the deterioration of the definition of rights. The definition of rights has been alloyed through impure construction. Unalienability on the other hand, has simply been ignored and thus has not suffered definitional corrosion of its meaning. To the modern jurist, a right is considered as such simply because it is asserted as a right. For instance, Black's Law Dictionary declares that a right is "a power, privilege, faculty, or demand, inherent in one person and incident upon another."38 RIGHTS IN THE AMENDMENTS An example of an enumerated unalienable right found in the First Amendment prohibits Congress, inter alia, from making any law prohibiting the free exercise of religion. This provision has its roots in Thomas Jefferson's "Virginia Bill for Establishing Religious Freedom,"42 as well as the Declaration's unalienable right of liberty. One of the controlling premises of this statute, like that of the First Amendment, is that "Almighty God hath created the mind free."43 Jefferson asserted that freedom of the mind was "of the natural rights of mankind," and therefore beyond the scope of civil jurisdiction. Other freedoms, such as speech, press, assembly and petition, are also found in the First Amendment. These freedoms are also based in part on the fact that "Almighty God created the mind free." In addition, the Second Amendment prohibits Congress from infringing upon the right "to keep and bear arms" which is immediately derived from the unalienable right to life and that of self-government. The Fifth and Fourteenth Amendments assure that neither the Congress nor the States have power to deprive a person of "life, liberty or property, without due process of law." Not all constitutional provisions, however, deal with unalienable rights, such as the twenty dollar prerequisite to jury trials in the Seventh Amendment. emphasis added http://www.lonang.com/conlaw/1/c12b.htm#3UNALIENABLE. The state of a thing or right which cannot be sold. Things which are not in commerce, as public roads, are in their nature unalienable. Some things are unalienable, in consequence of particular provisions in the law forbidding their sale or transfer, as pensions granted by the government. The natural rights of life and liberty are UNALIENABLE. Bouviers Law Dictionary 1856 Edition "Unalienable: incapable of being alienated, that is, sold and transferred." Black's Law Dictionary, Sixth Edition, page 1523: You can not surrender, sell or transfer unalienable rights, they are a gift from the creator to the individual and can not under any circumstances be surrendered or taken. All individual's have unalienable rights. Inalienable rights: Rights which are not capable of being surrendered or transferred without the consent of the one possessing such rights. Morrison v. State, Mo. App., 252 S.W.2d 97, 101. You can surrender, sell or transfer inalienable rights if you consent either actually or constructively. Inalienable rights are not inherent in man and can be alienated by government. Persons have inalienable rights. Most state constitutions recognize only inalienable rights. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. DECLARATION OF INDEPENDENCE http://www.gemworld.com/USA-Unalienable.htm John Locke and his writings were very influential on the Founding Fathers and are reflected in the Bill of Rights.  The Founding Fathers drew heavily upon English philosopher John Locke in establishing America’s First Principles, most notably the recognition of unalienable rights, the Social Compact, and limited government. Born on August 29, 1632, in Wrington, England, Locke was trained as a physician, but quickly became an influential political theorist closely associated with the Whig party of England. He wrote several revolutionary political works, including Some Thoughts Concerning Education, A Letter Concerning Toleration, and An Essay Concerning Human Understanding. Locke’s most profound and influential writings were his First and Second Treatise of Civil Government (1689). Written to defend the Glorious Revolution of 1688, in the Second Treatise, Locke explained that in a state of nature men and women were free to pursue and defend there own interests, which resulted in a brutal state of war. To escape this warfare, individuals established government to secure the peace. Locke noted that there could be “no freedom” without a Social Compact of laws, because “liberty is to be free from restraint and violence from others; which cannot be where there is no law.” Unlike his English rival Thomas Hobbes, Locke argued that because governments were instituted to protect the unalienable rights of individuals, they had no power other than what was necessary to protect such rights. In other words, a free and just government was necessarily a limited government. His sentiments are reflected in the Declaration of Independence and undergird the Constitution. http://www.americassurvivalguide.com/john-locke.php Natural Right to Self Defense John Locke (1632-1704) was a philosopher who maintained that ... all human beings were equal and free to pursue "life, health, liberty, and possessions." The state formed by the social contract among the people was guided by the natural law, which guaranteed those inalienable rights. He set down the policy of checks and balances later followed in the U.S. Constitution; formulated the doctrine that revolution in some circumstances is not only a right but an obligation; and argued for broad religious freedom. Much of the liberal social, economic, and ethical theory of the 18th century was rooted in Locke's social-contract theories. The right of self defense is called by Locke the first law of nature. Each person owns his or her own life and no other person has a right to take that life. Consequently, a person may resist aggressive attacks. John Locke provide the philosophical basis for the American Revolution and the rights of the people proclaimed by that revolution. The following quotes are taken from Locke's Second Essay on Civil Government. Paragraph numbers are given for the quotes to permit the referenced text to be easily found. A link to that Essay is given, but because that site occasionally does not work, another source is given here. Locke on Self Defense: And thus it is that every man in the state of Nature has a power to kill a murderer, both to deter others from doing the like injury (which no reparation can compensate) by the example of the punishment that attends it from everybody, and also to secure men from the attempts of a criminal who, having renounced reason, the common rule and measure God hath given to mankind, hath, by the unjust violence and slaughter he hath committed upon one, declared war against all mankind, and therefore may be destroyed as a lion or a tiger, one of those wild savage beasts with whom men can have no society nor security. And upon this is grounded that great law of nature, "Whoso sheddeth man's blood, by man shall his blood be shed." And Cain was so fully convinced that every one had a right to destroy such a criminal, that, after the murder of his brother, he cries out, "Every one that findeth me shall slay me," so plain was it writ in the hearts of all mankind. Reference: John Locke, An Essay Concerning the true original, extent, and end of Civil Government, 1690, para. 11 And hence it is that he who attempts to get another man into his absolute power does thereby put himself into a state of war with him; it being to be understood as a declaration of a design upon his life. For I have reason to conclude that he who would get me into his power without my consent would use me as he pleased when he had got me there, and destroy me too when he had a fancy to it; for nobody can desire to have me in his absolute power unless it be to compel me by force to that which is against the right of my freedom -- i.e. make me a slave. To be free from such force is the only security of my preservation, and reason bids me look on him as an enemy to my preservation who would take away that freedom which is the fence to it; so that he who makes an attempt to enslave me thereby puts himself into a state of war with me. He that in the state of Nature would take away the freedom that belongs to any one in that state must necessarily be supposed to have a design to take away everything else, that freedom being the foundation of all the rest; as he that in the state of society would take away the freedom belonging to those of that society or commonwealth must be supposed to design to take away from them everything else, and so be looked on as in a state of war. Reference: John Locke, Ibid, para. 17 This makes it lawful for a man to kill a thief who has not in the least hurt him, nor declared any design upon his life, any farther than by the use of force, so to get him in his power as to take away his money, or what he pleases, from him; because using force, where he has no right to get me into his power, let his pretence be what it will, I have no reason to suppose that he who would take away my liberty would not, when he had me in his power, take away everything else. And, therefore, it is lawful for me to treat him as one who has put himself into a state of war with me -- i.e., kill him if I can; for to that hazard does he justly expose himself whoever introduces a state of war, and is aggressor in it. Reference: John Locke, Ibid, para. 18 http://www.mcrkba.org/w0.html If you are suggesting that the NRA is implementing new rights, I fear you are mistaken. The NRA is merely reflecting the views of the founding fathers and the philosophers that influenced them. I would also like to point out that yearly membership dues to the NRA do little to help their political wings, the NRA-ILA and the NRA-PVF. The fund-raising that sustains NRA’s legislative activities is conducted by ILA. Federal and many state election laws dictate that funds used to assist candidates for office must be raised separately, and that is the task of NRA’s political action committee—the NRA Political Victory Fund (NRA-PVF). Neither NRA member dues nor contributions to ILA can be used directly for the election or defeat of candidates. Because of these clearly defined parameters, and because only a small fraction of ILA’s operating budget comes from regular NRA membership dues, both ILA and NRA-PVF must continuously raise the funds needed to sustain NRA’s legislative and political activities. The resources expended in these arenas come from the generous contributions of NRA members—above and beyond their regular dues. http://www.nraila.org/About/PoliticalVictoryFund/ The NRA dues support a number of worthwhile programs which promote gun safety, handling and training. These programs can be viewed at: http://www.nra.org/programs.aspx |
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