Changes

==Background==

==Background==

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.{{fact}} 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.{{fact}}

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.{{fact}} 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.{{fact}}

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{{fact}} 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{{fact}} have identified the following items, derived from the American Bill of Rights, as expanding on these themes:

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

# 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 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.

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

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

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

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

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

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

# 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.

Other pilgrims soon followed those carried by the ''[[Mayflower]]''.     

Other pilgrims soon followed those carried by the ''[[Mayflower]]''.     

As these early [[Christian]] communities continued to grow and flourish in the new world, the notion that each individual possesses inherent dignity, value, and freedoms which the government ought to protect, became a recurring theme in political discussions and in religious writings and sermons.  Preachers, pastors, civic leaders, and lawyers drew extensively from the [[Bible|Bible’s]] teachings on morality, Creation, and the nature of God to support this position, and the American public was very receptive.  By 1775 the concept of unalienable rights was firmly entrenched in the collective consciousness of the thirteen colonies, having been sharpened by decades of abuse and taxation under British colonial rule. The time was right for change. In the hope of achieving a new political construct dedicated to preserving each person’s God-given rights and liberties, American patriots severed all ties with the British Crown and initiated a [[Revolutionary War|daring war]] against the most powerful nation at that time:

As these early [[Christian]] communities continued to grow and flourish in the new world, the notion that each individual possesses inherent dignity, value, and freedoms which the government ought to protect, became a recurring theme in political discussions and in religious writings and sermons.  Preachers, pastors, civic leaders, and lawyers drew extensively from the [[Bible|Bible's]] teachings on morality, Creation, and the nature of God to support this position, and the American public was very receptive.  By 1775 the concept of unalienable rights was firmly entrenched in the collective consciousness of the thirteen colonies, having been sharpened by decades of abuse and taxation under British colonial rule. The time was right for change. In the hope of achieving a new political construct dedicated to preserving each person's God-given rights and liberties, American patriots severed all ties with the British Crown and initiated a [[Revolutionary War|daring war]] against the most powerful nation at that time:

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===Injunctions===

===Injunctions===

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===

===Lawsuits 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 or 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===

== 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.

The fundamental challenge is the difficulty to assert a right in a government or society that denies its existence.  So, if a member of a society wants a new right recognized, a local political or legal process is involved. But if there were a universally recognized set of unalienable or human rights, then that person could argue that the universal right should apply in all societies.

The fundamental challenge is the difficulty to assert a right in a government or society that denies its existence.  So, if a member of a society wants a new right recognized, a local political or legal process is involved. But if there were a universally recognized set of unalienable or human rights, then that person could argue that the universal right should apply in all societies.