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According to the [[Founding Fathers|Founders]], unalienable rights belong to each person by [[virtue]] of the fact that man is made in God’s image, and is therefore endowed with certain attributes, powers, [[freedom]]s, and [[legal]] protections as part of his essence. These rights are thus inseparable -- or unalienable -- from each person individually and from the human race in general. They are a gift from the Creator and it is impossible for government to alter or nullify mankind’s divine inheritance. Except in extremely rare and limited circumstances, the unalienable rights of a particular individual, or the population at large, cannot be suspended, [[abrogate]]d, or diminished by government. When government does take action against a particular right, it may only do so to the extent necessary to address a genuine concern for [[public safety]]. (See "Legitimate Exceptions" below.) Unalienable rights automatically belong to each individual at the moment his or her life begins and continue throughout that person’s time on earth.

According to the [[Founding Fathers|Founders]], unalienable rights belong to each person by [[virtue]] of the fact that man is made in God’s image, and is therefore endowed with certain attributes, powers, [[freedom]]s, and [[legal]] protections as part of his essence. These rights are thus inseparable -- or unalienable -- from each person individually and from the human race in general. They are a gift from the Creator and it is impossible for government to alter or nullify mankind’s divine inheritance. Except in extremely rare and limited circumstances, the unalienable rights of a particular individual, or the population at large, cannot be suspended, [[abrogate]]d, or diminished by government. When government does take action against a particular right, it may only do so to the extent necessary to address a genuine concern for [[public safety]]. (See "Legitimate Exceptions" below.) Unalienable rights automatically belong to each individual at the moment his or her life begins and continue throughout that person’s time on earth.

An exhaustive list of the unalienable rights possessed by man would probably fill several volumes which is why the [[Founding Fathers]] included the [[Ninth Amendment]] in the [[Bill of Rights]]. The '''[[Ninth Amendment]]''' to the [[United States Constitution]] states:

An exhaustive list of the unalienable rights possessed by man would probably fill several volumes. However, at a minimum they include the right to life, liberty, and the pursuit of happiness. In general, the courts have not decided which rights are unalienable and which are not.  Nonetheless, some philosophers have identified the following items, derived from the American Bill of Rights, as expanding on these themes:

{{cquote|'''The enumeration in the Constitution, of certain [[Unalienable rights|rights]], shall not be construed to deny or disparage others retained by the people.'''}}

 

However, at a minimum they include the right to life, liberty, and the pursuit of happiness. The following items, derived from the American Bill of Rights, expand on these themes:

# To act in [[self-defense]] (personal, [[family]], innocents, nation against [[tyranny]]). ([[Second Amendment]])

# To act in [[self-defense]] (personal, [[family]], innocents, nation against [[tyranny]]). ([[Second Amendment]])

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* “The '''right of the individual against the State''' has ever been one of our most cherished political principles. The American Constitution has set down for all men to see the essentially Christian and American principle that there are '''certain rights''' held by every man which no government and no majority, however powerful, can deny. Conceived in Grecian thought, strengthened by Christian morality, and stamped indelibly into American political philosophy, the '''right of the individual against the State''' is the keystone of our Constitution. Each man is free.”<br />-- President [[John F. Kennedy]]

* "The '''right of the individual against the State''' has ever been one of our most cherished political principles. The American Constitution has set down for all men to see the essentially Christian and American principle that there are '''certain rights''' held by every man which no government and no majority, however powerful, can deny. Conceived in Grecian thought, strengthened by Christian morality, and stamped indelibly into American political philosophy, the '''right of the individual against the State''' is the keystone of our Constitution. Each man is free."<br />-- President [[John F. Kennedy]]

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* “All men are made in the image of God; all men are brothers; all men are created equal; every man is heir to a legacy of dignity and worth; every man has '''rights''' that are neither conferred by nor derived from the state, they are '''God-given'''.”<br />-- Dr. Martin Luther King, Jr.

* "All men are made in the image of God; all men are brothers; all men are created equal; every man is heir to a legacy of dignity and worth; every man has '''rights''' that are neither conferred by nor derived from the state, they are '''God-given'''."<br />-- Dr. Martin Luther King, Jr.

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In the event of an invasion of the United States, or a rebellion against the government, the right of ''[[habeas corpus]]'' may be temporarily withheld.  Article I, Section 9, of the Constitution provides: “The privilege [right] of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

In the event of an invasion of the United States, or a rebellion against the government, the right of ''[[habeas corpus]]'' may be temporarily withheld.  Article I, Section 9, of the Constitution provides: “The privilege [right] of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

A writ of habeas corpus is a judicial order that commands a prison official or jailer to bring a detainee before a judge to determine if said person is being lawfully held and, if not, to command his release. Anyone who objects to someone’s detention may petition for the writ. This right is therefore one of the surest guarantees of liberty, because it prevents the government from arbitrarily imprisoning those it sees as a threat to its power. The right may only be suspended when the nation faces imminent or actual invasion, or when a violent rebellion has been launched against federal personnel or property, and then only to the extent the “public safety” requires it.  

A writ of habeas corpus is a judicial order that commands a prison official or jailer to bring a detainee before a judge to determine if said person is being lawfully held and, if not, to command his release. Anyone who objects to someone’s detention may petition for the writ. This right is therefore one of the surest guarantees of liberty, because it prevents the government from arbitrarily imprisoning those it sees as a threat to its power. The right may only be suspended when the nation faces imminent or actual invasion, or when a violent rebellion has been launched against federal personnel or property, and then only to the extent the "public safety" requires it.  

===Direct Taxation===

===Direct Taxation===

Any activity or right that is taxed is necessarily infringed. In ''McCulloch vs. Maryland'', U.S. Supreme Court Chief Justice John Marshall observed that “the power to tax involves the power to destroy.” The fiscal encumbrance of any unalienable right, therefore, is a violation of that right and may lead to its destruction. For that reason, the taxing power of Congress is strictly limited.  For example, churches are not taxed.

Any activity or right that is taxed is necessarily infringed. In ''McCulloch vs. Maryland'', U.S. Supreme Court Chief Justice John Marshall observed that "the power to tax involves the power to destroy." The fiscal encumbrance of any unalienable right, therefore, is a violation of that right and may lead to its destruction. For that reason, the taxing power of Congress is strictly limited.  For example, churches are not taxed.

== Threats & Safeguards ==

== Threats & Safeguards ==

:Article 29 (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.  (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.  

:Article 29 (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.  (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.  

The first International Conference on Human Rights was held in Tehran, Iran, in 1968. A powerful bloc of Asian, African, and Arab states successfully asserted their control over the UN Human Rights Program. Their aggressive conference diplomacy was the culmination of a major transition in UN politics, with supposedly Western notions of individual freedom rejected in favor of an agenda that privileged economic modernization and the collective rights of peoples in Third World nations over those of individuals in those nations. Twenty years after the iconic image of [[Eleanor Roosevelt]] holding the [[Universal Declaration of Human Rights]], the residual elements of the program she presided over were repudiated in a storm of insistent demands from the new anti-colonial order.<ref> Burke (2008)</ref>  

The first International Conference on Human Rights was held in Tehran, Iran, in 1968. A powerful bloc of Asian, African, and Arab states successfully asserted their control over the UN Human Rights Program. Their aggressive conference diplomacy was the culmination of a major transition in UN politics, with supposedly Western notions of individual freedom rejected in favor of an agenda that privileged economic modernization and the collective rights of peoples in Third World nations over those of individuals in those nations. Twenty years after the iconic image of [[Eleanor Roosevelt]] holding the [[Universal Declaration of Human Rights]], the residual elements of the program she presided over were repudiated in a storm of insistent demands from the new anti-colonial order.<ref>Burke (2008)</ref>  

The UDHR implicitly asserted that human rights are superior to notions of state sovereignty and called for the imposing of moral standards across the globe. These notions of universal human rights derive in part from [[Wilsonianism]]--the efforts of President [[Woodrow Wilson]] after World War I.  They were reiterated in 2002 by President [[George W. Bush]] in his refusal to recognize Iraqi sovereignty and his efforts to impose a new democratic system of governance upon Iraq, and are a component of the [[Neoconservative]] effort to spread democracy in the Middle East, even in places like Iraq and Afghanistan.  The UN has supported this program, but the high cost has troubled Americans.

The UDHR implicitly asserted that human rights are superior to notions of state sovereignty and called for the imposing of moral standards across the globe. These notions of universal human rights derive in part from [[Wilsonianism]]--the efforts of President [[Woodrow Wilson]] after World War I.  They were reiterated in 2002 by President [[George W. Bush]] in his refusal to recognize Iraqi sovereignty and his efforts to impose a new democratic system of governance upon Iraq, and are a component of the [[Neoconservative]] effort to spread democracy in the Middle East, even in places like Iraq and Afghanistan.  The UN has supported this program, but the high cost has troubled Americans.

===India===

===India===

Deeply influenced by the UN's 1948 Universal Declaration of Human Rights, the Indian constitution provides for a host of rights, including the right of equality, cultural and religious freedoms, and the right to education. Discrimination based on race, caste, gender, birthplace, and religion was subsequently outlawed. Yet, political and social realities have intruded. Because of India's multiplicity of religious and ethnic groups, each with their own traditions and beliefs, and the complex interplay between these groups, the principles contained in the constitution have not always been followed in practice.  

Deeply influenced by the UN's 1948 Universal Declaration of Human Rights, the [[India]]n constitution provides for a host of rights, including the right of equality, cultural and religious freedoms, and the right to education. Discrimination based on race, caste, gender, birthplace, and religion was subsequently outlawed. Yet, political and social realities have intruded. Because of India's multiplicity of religious and ethnic groups, each with their own traditions and beliefs, and the complex interplay between these groups, the principles contained in the constitution have not always been followed in practice.  

 

==References==

== See Also ==

 

==Further reading==

==Further reading==

*  Burke, Roland. "From Individual Rights to National Development: the First UN International Conference on Human Rights, Tehran, 1968," ''Journal of World History'' 2008 19(3): 275-296, in [[EBSCO]]

*  Burke, Roland. "From Individual Rights to National Development: the First UN International Conference on Human Rights, Tehran, 1968," ''Journal of World History'' 2008 19(3): 275-296, in [[EBSCO]]

* Langley, Winston E. ''Encyclopedia of Human Rights Issues since 1945'' (1999) [http://www.questia.com/read/111443595?title=Encyclopedia%20of%20Human%20Rights%20Issues%20since%201945 online edition]

* Langley, Winston E. ''Encyclopedia of Human Rights Issues since 1945'' (1999) [http://www.questia.com/read/111443595?title=Encyclopedia%20of%20Human%20Rights%20Issues%20since%201945 online edition]

===Primary sources===

==Primary sources==

* UN. ''Human Rights: A Compilation of International Instruments - Vol. 1 pt. 1'' (2002) by Office of the United Nations High Commissioner for Human Rights Geneva; [http://www.questia.com/SM.qst?act=adv&contributors=Office%20of%20the%20United%20Nations%20High%20Commissioner%20for%20Human%20Rights%20Geneva&dcontributors=Office%20of%20the%20United%20Nations%20High%20Commissioner%20for%20Human%20Rights%20Geneva online edition]

* UN. ''Human Rights: A Compilation of International Instruments - Vol. 1 pt. 1'' (2002) by Office of the United Nations High Commissioner for Human Rights Geneva; [http://www.questia.com/SM.qst?act=adv&contributors=Office%20of%20the%20United%20Nations%20High%20Commissioner%20for%20Human%20Rights%20Geneva&dcontributors=Office%20of%20the%20United%20Nations%20High%20Commissioner%20for%20Human%20Rights%20Geneva online edition]

[[Category : Republicanism]]

[[Category : Republicanism]]

[[Category : Law]]

[[Category : Law]]

[[Category : Political Terms]]

[[Category : Political Terms]]