Unalienable Rights
God-Given Rights vs. Government Privileges
Unalienable rights are inherent, God-given rights that cannot be surrendered, transferred, or taken away. They exist prior to government and are the very reason government is instituted—to secure these rights, not to grant them.
"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."
— Declaration of Independence, 1776
Unalienable Rights
- Source: God / Nature / Creator
- Timing: Exist prior to government
- Nature: Cannot be surrendered or taken
- Government's Role: Secure and protect
- Examples: Life, liberty, property, conscience
Legal Privileges
- ×Source: Government grants
- ×Timing: Created by government
- ×Nature: Can be revoked or regulated
- ×Government's Role: Grant and control
- ×Examples: Driver's license, permits, benefits
Understanding that rights exist prior to government is essential for recognizing when government has overstepped its constitutional boundaries. Government cannot grant what it did not create.
The Purpose of Government:
According to the Declaration of Independence, governments are instituted to secureunalienable rights, not to grant them:
"That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed."
When Government Overreaches:
When government treats unalienable rights as privileges it can grant or revoke, it violates its constitutional purpose:
- • Requiring permits for free speech
- • Licensing requirements for religious practice
- • Property confiscation without due process
- • Treating self-defense as a government-granted privilege
The Founders based American government on natural law—the idea that certain moral principles are inherent in nature and discoverable by human reason. These principles exist independently of human-made (positive) law.
Two Types of Law:
Natural Law (Higher Law)
Universal moral principles inherent in nature. Discovered, not created. Examples: right to life, right to self-defense, right to property acquired through labor.
Positive Law (Human-Made Law)
Rules created by human governments. Valid only when consistent with natural law. Examples: traffic regulations, contract enforcement procedures, administrative rules.
"The laws of nature and of nature's God" — Declaration of Independence
The Founders explicitly grounded American government in natural law, not merely human opinion or majority will.