This month’s issue: Principle # 8: "Unalienable (Basic or Natural) Rights"

Question: What is an "Unalienable, Basic or Natural Right?" and where does it come from?

Answer: The Founders did not believe that the basic rights of mankind originated from any social compact, king, emperor, or governmental authority. Those rights, they believed, came directly and exclusively from God. Therefore, they were to be maintained sacred and inviolate. John Locke, in his Second Essay Concerning Civil Government, said it this way: "The state of Nature has a law of Nature to govern it, which ... it teaches all mankind who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty or possessions; for men being all the workmanship of one omnipotent and infinitely wise maker; all the servants of one sovereign master, sent into the world by his order and [to be] about His business;...

Question: When is a "Right" - Unalienable ?

Answer: Sir William Blackstone, in his Commentaries on the Laws of England, said: "Those rights, then, which are therefore called natural rights, such as are life and liberty, need not the aid of human laws to be more effectually invested in every man than they are; neither do they receive any additional strength when declared by the municipal laws to be inviolable. On the contrary, no human legislation has power to abridge or destroy them, unless the owner shall himself commit some act that amounts to a forfeiture." They are inherent rights given to mankind by the creator, and that is why they are called unalienable or natural rights.

Question: What are "vested rights?" and how do they different then "unalienable rights?"

Answer: Vested rights are rights which are created by the community, state, or nation for our protection or well-being. However, the difference is, "vested rights" can be changed any time the lawmakers feel like it. An example of a vested right is having a drivers licence to operate a vehicle on a public road. Lawmakers determine at what age they are given, under what conditions, and if or when that right can be forfeited.

Question: Are Life, Liberty and the Pursuit of Happiness the only Unalienable Rights we have?

Answer: No. Notice Jefferson’s words regarding this matter. He wrote "with certain unalienable rights, that among these are ..." Two words "certain and among" suggests there were and are more than three rights. Skousen named 22 additional "Unalienable Rights." They are "The Right" of self government; to bear arms for self-defense; to own, develop, and dispose of property; to make personal choices; of free conscience; to choose a profession; to choose a mate; to beget one’s kind; to assemble; to petition; to free speech; to a free press; to enjoy the fruits of one’s labors; to improve one’s position through barter and sale; to contrive and invent; to explore the natural resources of the earth; to privacy; to provide personal security; to provide nature’s necessities – air, food, water, clothing, and shelter; to a fair trial; of free expression; and the right to contract. Reason would tell us that for each Unalienable Right, there is an "Unalienable Responsibility." There is!

Question: What did Jefferson mean by his words "the Pursuit of Happiness?"

Answer: While it may be misunderstood somewhat today, it was understood in the Founders days. John Adams wrote "All men are born free and independent, and have certain natural, essential, and unalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in find, that of seeking and obtaining their safety and happiness." While trying to preserve freedom in France Frederic Bastiat wrote "We hold from God the gift which includes all others. The gift of life – physical, intellectual, and moral life. ... But life cannot maintain itself alone. The Creator of life has entrusted us with the responsibility [that word again] of preserving, developing, and perfecting it. In order that we may accomplish this, He has provided us with a collection of marvelous faculties. And He has put us in the midst of a variety of natural resources. By the application of our faculties to these natural resources we convert them into products, and use them. The process is necessary in order that life may run its appointed course. ... Life, faculties, production – in other words, individuality, liberty, property – this is man. And in spite of the cunning of artful political leaders, these three gifts from God precede all human legislation, and are superior to it. ... Life, liberty, and property do not exist because men have make laws. On the contrary, it was the fact that life, liberty, and property existed before-hand that caused men to make laws [for the protection of them] in the first place."