UNALIENABLE.
The state of a thing and or right which
cannot be transferred, surrendered, given, taken or sold, not even
with consent.
"Unalienable:
incapable of being alienated, that is, sold and transferred." ...
Law Dictionary
You can not surrender, sell or transfer unalienable rights, they are
intrinsic and inherent
to the individual and can not under any circumstances be surrendered
or taken. All individual's have unalienable rights.
INALIENABLE.
The state of a thing and or right which
cannot be transferred, surrendered, given, taken or sold without
consent.
Inalienable rights:
Rights which are not capable of being surrendered or transferred
without the consent of the one possessing such rights. Morrison v.
State, Mo.
You can surrender, sell or transfer inalienable rights if you consent
either actually or constructively. Inalienable rights are not inherent
in man and can be alienated by government. Persons have inalienable
rights. Most state constitutions recognize only inalienable rights.
We
hold these truths to be self-evident, that all men are created equal,
that they are endowed by their Creator with certain
unalienable rights, that among
these are life, liberty and the pursuit of happiness. That to secure
these rights, governments are instituted among men, deriving their
just powers from the consent of the governed. That whenever any form
of government becomes destructive to these ends, it is the right of
the people to alter or to abolish it, and to institute new government,
laying its foundation on such principles and organizing its powers in
such form, as to them shall seem most likely to effect their safety
and happiness. DECLARATION OF
INDEPENDENCE
Among these unalienable rights,
as proclaimed in that great document, is the right of men to pursue
their happiness, by which is meant the right to pursue any lawful
business or vocation, in any manner not inconsistent with the equal
rights of others, which may increase their prosperity or develop their
faculties, so as to give to them their highest enjoyment.
The rights of life and personal liberty are natural rights of man. 'To
secure these rights,' says the Declaration of Independence,
'governments are instituted among men, deriving their just powers from
the consent of the governed.' The very highest duty of the States,
when they entered into the Union under the Constitution, was to
protect all persons within their boundaries in the enjoyment of these
unalienable rights with which
they were endowed by their Creator. Sovereignty, for this purpose,
rests alone with the States. It is no more the duty or within the
power of the United States to punish for a conspiracy to falsely
imprison or murder within a State, than it would be to punish for
false imprisonment or murder itself. U S v. CRUIKSHANK, 92 U.S. 542
(1875)
("The Due Process Clause protects [the
unalienable liberty recognized in the Declaration of
Independence] rather than the particular rights or privileges
conferred by specific laws or regulations." SANDIN v. CONNER, ___
U.S. ___ (1995)
The first ten amendments to the Constitution, adopted as they were
soon after the adoption of the Constitution, are in the nature of a
bill of rights, and were adopted in order to quiet the apprehension of
many, that without some such declaration of rights the government
would assume, and might be held to possess, the power to trespass upon
those rights of persons and property which by the Declaration of
Independence were affirmed to be
unalienable rights. UNITED STATES v. TWIN CITY POWER
CO., 350 U.S. 222 (1956)
The dissemination of the individual's opinions on matters of public
interest is for us, in the historic words of the Declaration of
Independence, an "unalienable right"
that "governments are instituted among men to secure." History shows
us that the Founders were not always convinced that unlimited
discussion of public issues would be "for the benefit of all of us"
but that they firmly adhered to the proposition that the "true liberty
of the press" permitted "every person to publish their opinion."
CURTIS PUBLISHING CO. v. BUTTS, 388 U.S. 130 (1967) |