Changes

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:

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:

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

# To act in self-defense (personal, family, innocents, nation).

# To own and carry at [[home security|home]] and [[constitutional carry|in public]] [[weapon]]s ([[firearms]] and [[knife|knives]], etc.) for self-defense and for ensuring that the nation remains [[freedom|free]] against tyranny from enemies both [[foreign]] and [[police state|domestic]]. ([[Second Amendment]]) (See also, [[Debate:Is the right to bear arms unalienable?]])

# To own and carry weapons for self-defense and for ensuring that the nation remains free.

# To own and control [[private property]] (land, [[money]], personal items, [[intellectual property]], etc.)

# To own and control private property (land, money, personal items, intellectual property, etc.)

# To earn a living and keep the [[profit|fruit]] of one’s labor.

# To earn a living and keep the fruit of one’s labor.

# To freely [[migrate]] within the country or to leave the country.

# To freely migrate within the country or to leave the country.

# To [[worship]]—or not worship—God in the manner one chooses. ([[First Amendment]])

# To worship -- or not worship -- God in the manner one chooses.

# To associate with—or disassociate from—any person or group. ([[First Amendment]])

# To associate with -- or disassociate from -- any person or group.

# To express any idea through print, voice, banner, or other media. ([[First Amendment]])

# To express any idea through print, voice, banner, or other media.

# To be [[Fourth Amendment|secure in one’s home, papers, and person]] against un[[warrant]]ed searches and seizures ([[privacy]]). ([[Fourth Amendment]])

# To be secure in one’s home, papers, and person against unwarranted searches and seizures (privacy).

# To be advised of the charges, in the event of [[arrest]].

# To be advised of the charges, in the event of arrest.

# To have a [[judge]] determine if the accused should be held for [[trial]] or for punishment.

# To have a judge determine if the accused should be held for trial or for punishment.

# To be tried by a [[jury]] of one's peers and face one's accuser, in the event of being charged with a [[crime]].

# To be tried by a jury of one’s peers and face one’s accuser, in the event of being charged with a crime.

# To be tried by a [[jury of one's peers]], in the event of a suit in which the disputed amount is substantive.

# To be tried by a jury of one’s peers, in the event of a suit in which the disputed amount is substantive.

# To suffer no [[cruel or unusual punishment]].

# To suffer no cruel or unusual punishment.

# To establish, monitor, control, and petition our servant government to help secure the above rights.

# To establish, monitor, control, and petition our servant government to help secure the above rights.

# To abolish said [[government]], when it becomes [[Police state|destructive]] [[tyranny|of these rights]].

# To abolish said government, when it becomes destructive of these rights.

== Early History in America ==

== Early History==

In England as with much of the medieval world until the 16th century, people accepted the view called the "devine right of kings" to govern.  God gave a king the right to govern, and the king would then grant rights, privileges and titles to people.  To the extent that the English people enjoyed freedoms, it was because '''the King of England''' had signed the [[Magna Carta]].  Because rights did not inherently belong to each individual, English society accepted many inequities that would not be accepted today, such as slavery, indentured servitude, and limited rights for women.

In England as with much of the medieval world until the 16th century, people accepted the view called the "devine right of kings" to govern.  God gave a king the right to govern, and the king would then grant rights, privileges and titles to people.  To the extent that the English people enjoyed freedoms, it was because '''the King of England''' had signed the [[Magna Carta]].  Because rights did not inherently belong to each individual, English society accepted many inequities that would not be accepted today, such as slavery, indentured servitude, and limited rights for women.

===Due Process===

===Due process===

Certain rights may be temporarily or permanently suspended through a court trial, or ''due process''.  If someone has committed a theft, for example, he may be found guilty by a jury of his peers, incarcerated, and thus lose a great deal of his personal freedom for a certain period of time.  He may also be forced to turn over some of his property to settle the related fine or to pay restitution.  In the most extreme criminal cases, such as capital murder, the accused may forfeit his right to life.  

Certain rights may be temporarily or permanently suspended through a court trial, or ''due process''.  If someone has committed a theft, for example, he may be found guilty by a jury of his peers, incarcerated, and thus lose a great deal of his personal freedom for a certain period of time.  He may also be forced to turn over some of his property to settle the related fine or to pay restitution.  In the most extreme criminal cases, such as capital murder, the accused may forfeit his right to life.  

A court may also issue an injunction to temporarily suspend a person’s right to conduct certain activities.  Technically speaking, an injunction does not constitute due process, since no jury is involved. However, an injunction is generally regarded as an acceptable infringement on personal rights, inasmuch as it is a temporary measure and seeks only to block activities which may be harmful to others, or which may be found illegal at a subsequent trial. Nevertheless, injunctions cannot compel any person to do what is otherwise illegal or unconstitutional, such as forcing a witness to testify against himself or forcing a witness to change testimony which the witness believes to be true.  

A court may also issue an injunction to temporarily suspend a person’s right to conduct certain activities.  Technically speaking, an injunction does not constitute due process, since no jury is involved. However, an injunction is generally regarded as an acceptable infringement on personal rights, inasmuch as it is a temporary measure and seeks only to block activities which may be harmful to others, or which may be found illegal at a subsequent trial. Nevertheless, injunctions cannot compel any person to do what is otherwise illegal or unconstitutional, such as forcing a witness to testify against himself or forcing a witness to change testimony which the witness believes to be true.  

===Lawsuits To Protect the Rights of Others===

===Lawsuitst To protect the rights of others===

Although not explicitly stated in the Constitution, it is clear that the exercise of one person’s unalienable rights may not interfere with the exercise of another. U.S. Supreme Court Justice Oliver Wendell Holmes, Jr. is alleged to have said, “The right to swing my fist ends where the other man's nose begins.” In other words, a person is free to exercise his or her unalienable rights without restraint, so long as he harms no other person, nor prevents anyone from exercising their own rights. When conflict does arise, the offended party may sue in a court of law in order to have their rights restored, or to be made financially whole, by legal process.

Although not explicitly stated in the Constitution, it is clear that the exercise of one person’s unalienable rights may not interfere with the exercise of another. U.S. Supreme Court Justice Oliver Wendell Holmes, Jr. is alleged to have said, “The right to swing my fist ends where the other man's nose begins.” In other words, a person is free to exercise his or her unalienable rights without restraint, so long as he harms no other person, nor prevents anyone from exercising their own rights. When conflict does arise, the offended party may sue in a court of law in order to have their rights restored, or to be made financially whole, by legal process.

===Eminent Domain===

===Eminent domain===

Whenever there is a compelling need to appropriate privately owned real estate for use by the general public, the government may exercise the power of ''eminent domain'' to take the land.  There are two provisos. First, the land must be used for a public benefit. Second, the owner must be fairly compensated for the cost of the land. The fair market value is the highest price the owner would get for the property, were he to make it publicly available. In the event that the owner and the government cannot agree on a price, an appraiser may be asked to help assess the value.  If there is still no agreement, the case may be put before a court and both sides may produce expert witnesses to attest the property’s worth.

Whenever there is a compelling need to appropriate privately owned real estate for use by the general public, the government may exercise the power of ''eminent domain'' to take the land.  There are two provisos. First, the land must be used for a public benefit. Second, the owner must be fairly compensated for the cost of the land. The fair market value is the highest price the owner would get for the property, were he to make it publicly available. In the event that the owner and the government cannot agree on a price, an appraiser may be asked to help assess the value.  If there is still no agreement, the case may be put before a court and both sides may produce expert witnesses to attest the property’s worth.

===Invasion and Rebellion===

===Invasion or rebellion===

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 have special, limited tax exemptions.

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 have special, limited tax exemptions.

* [[Fairness Doctrine]] - Infringes on the right of a person (or group) to express ''only'' what they believe.

* [[Fairness Doctrine]] - Infringes on the right of a person (or group) to express ''only'' what they believe.

* [[Executive Order]]s - Hundreds of directives issued by the [[President]] carrying the force of law, but not legislated by [[Congress]].

* [[Executive Order]]s - Hundreds of directives issued by the [[President]] carrying the force of law, but not legislated by [[Congress]].

* The [[War on Terror]] - Military Tribunals / Denial of [[Habeas corpus]] / [[Rendition]] / [[Patriot Act|PATRIOT ACT]] / [[FISA]] Violations

* The [[War on Terror]] - Military Tribunals / Denial of [[Habeas corpus]] / [[Rendition]] / [[Patriot Act]] / [[FISA]] Violations

* The [[War on Drugs]] - [[Asset forfeiture|Asset Forfeiture]] Laws (permit the government to deprive someone of their [[property]] without [[due process]].)

* The [[War on Drugs]] - [[Asset forfeiture|Asset Forfeiture]] Laws (permit the government to deprive someone of their [[property]] without [[due process]].)

* U.S. [[Supreme Court]] decision ''[[Kelo v. City of New London]]'' - Distortion of the power of [[eminent domain]], allowing the government to take land which belongs to one private person or group, and give it to another. See [[income redistribution]].

* U.S. [[Supreme Court]] decision ''[[Kelo v. City of New London]]'' - Distortion of the power of [[eminent domain]], allowing the government to take land which belongs to one private person or group, and give it to another. See [[income redistribution]].

* Suspension of Habeas corpus during the war on terrorism.

* Suspension of Habeas corpus during the war on terrorism.

== Human Rights==

== Human rights==

"[[Human rights]]" is often used interchangeably with the term "unalienable rights." The difference between these two concepts, however, is that unalienable rights are those authored by God. They are thus both irrevocable and nearly unlimited in scope. Man’s role is simply to discover and protect them. The common idea stems from the belief that the rights are inherent in all mankind.  People from across the spectrum of political thought can protect these rights whether they believe in God or moral philosophy.

"[[Human rights]]" is often used interchangeably with the term "unalienable rights." The difference between these two concepts, however, is that unalienable rights are those authored by God. They are thus both irrevocable and nearly unlimited in scope. Man’s role is simply to discover and protect them. The common idea stems from the belief that the rights are inherent in all mankind.  People from across the spectrum of political thought can protect these rights whether they believe in God or moral philosophy.