Understanding Unalienable Rights
Unalienable rights are inherent, God-given rights that cannot be surrendered, transferred, or taken away. The Declaration of Independence recognizes these rights as foundational: "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."
These rights exist prior to government and are the very reason government is instituted—to secure these rights, not to grant them. Understanding this distinction is crucial to recognizing when government has overstepped its constitutional boundaries.
The Constitutional Framework
The United States Constitution establishes a constitutional republic, not a democracy. Article IV, Section 4 explicitly guarantees: "The United States shall guarantee to every State in this Union a Republican Form of Government."
In a republic, individual rights are protected from majority tyranny through constitutional limitations on government power. The Founders deliberately chose this form of government to prevent the concentration of power and protect unalienable rights from both governmental and popular encroachment.
The Constitution further establishes prerequisites to office, including the oath requirement in Article VI, Clause 3, and official bond requirements in state statutes. These prerequisites ensure accountability and provide mechanisms for challenging officers who fail to meet constitutional standards.
The Current Constitutional Crisis
The United States faces a profound constitutional crisis rooted in the systematic transformation from a constitutional republic into a corporatocracy. This transformation accelerated with the 1886 Santa Clara County decision, where a court reporter's fraudulent headnote—not an actual Supreme Court holding—created the fiction of corporate personhood.
This fraud enabled corporations to claim constitutional rights intended for natural persons, leading to decisions like Citizens United that allow unlimited corporate spending in elections. The result is a system where elite impunity is the norm, constitutional violations go unchallenged, and the guaranteed republican form of government has been replaced by corporate oligarchy.
Additionally, systematic failure to enforce prerequisites to office—including oath and bond requirements—has created a class of government officers operating without proper constitutional authority. This enforcement gap perpetuates the crisis and enables continued violations of unalienable rights.
Featured Constitutional Analysis
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