Understanding the Concept of Inalienable and Unmanageable Rights

What does it mean if rights are unalienable or unmanageable? These questions delve into some fundamental aspects of human rights and constitutional law. From the Declaration of Independence to the US Constitution and the Universal Declaration of Human Rights, these concepts play a crucial role in defining our rights and responsibilities.

Inalienable Rights

The term inalienable rights is closely associated with the Declaration of Independence, which states that individuals are endowed with certain inalienable rights, including life, liberty, and the pursuit of happiness. However, it is essential to understand what these rights truly mean in the context of modern constitutional law.

Definition of Inalienable Rights

Inalienable rights are those that individuals cannot give up. For instance, you cannot sell yourself into slavery. These rights are considered to be granted by a higher power, often referred to as God, and thus cannot be taken away by any human or institution. The term is found in the Declaration of Independence, not the US Constitution. It is a foundational belief that these rights are self-evident and accepted by fiat.

Might Makes Right vs. Inalienable Rights

The concept of Might makes right is a counterpoint to the idea of inalienable rights. In nature, power determines rights and possessions. Property, liberty, and other rights can be taken away by force. However, democracy and the strength in numbers counteract this notion. It is a collective effort and belief that rights can be protected by the power of a majority or the rule of law.

Unmanageable Rights

Unmanageable rights is a term that stands in contrast to inalienable rights. While inalienable rights are those that cannot be given up under any circumstances, unmanageable rights imply something entirely different. These two terms are not synonymous, which is often a point of confusion.

Explanation of Unmanageable Rights

Unmanageable rights are more about the difficulty in implementing or managing certain rights rather than their nature. For instance, the right to privacy is not inalienable but is protected by specific legal provisions such as the Fourth Amendment. These unmanageable rights, such as privacy, are challenging to enforce and manage comprehensively but remain crucial for individual freedoms.

The US Constitution and Bill of Rights

The US Constitution and Bill of Rights are significant documents that provide a framework for governance and individual rights. However, these documents are not inalienable. The Bill of Rights, being a collection of 10 amendments, is a human-drafted document that can be amended or repealed. While the principles of inalienable rights are foundational, they are not specifically protected by the Constitution or Bill of Rights.

Protections From Rights to Prohibitions

The Bill of Rights focuses on prohibitions on the government, such as the prohibition on unreasonable searches and seizures. These prohibitions serve as barriers to protect unmanageable rights like privacy. While these legal provisions are not inalienable, they are essential for the protection of individual rights.

Modern Interpretations and Protections

The Supreme Court has interpreted the concept of inalienable rights to include modern protections. For example, the right to privacy, derived from the penumbra of previously recognized rights, is a crucial unmanageable right. This right has been used to justify rulings on issues such as birth control, abortion, and the legalization of marijuana.

Conclusion

While the concept of inalienable rights is rooted in the Declaration of Independence, the reality of modern constitutional law shows that these rights are not entirely inalienable. Instead, they are protected through specific legal provisions and collective efforts to maintain freedom and individual rights. Unmanageable rights, such as the right to privacy, are essential but challenging to implement fully.

Understanding these concepts is crucial for upholding the principles of democracy and ensuring that individual rights are protected effectively.