PratchettFan
Gold Member
- Jun 20, 2012
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The concept is sound, and while I very much appreciate your willingness to discuss it rationally and with thought, we aren't quite yet on the same page when it comes to unalienable rights. I cannot transfer to you or anybody else my ability to think, believe, create new concepts in my mind, etc. These are all unalienable and, as the Founders saw it, our right to exercise as they are what makes us what we are.
Now if the strong is given power over the weak--the very thing the original Constitution was designed to prevent--the strong can deny me the ability to exercise those unalienable rights or can punish me if I choose to do so. Which is why they proposed a federal government that would be restricted to specific functions among which acknowledges and recognizes the unalienable rights of the people and is given no authority of any kind to interfere with or regulate the rights the people would have. And a government that also recognizes and does not interfere with the right/ability of the people to defend and protect their own rights.
Those who would violate the security of the rights of others, however, will lose their right to act in that way (jail or prison) and/or will be materially penalized (fines, lawsuits) for violating the rights of others. That is how our rights are secured.
You cannot lose an inalienable right. If you can, then it is not inalienable. Which is why I say the word is meaningless. I concede your thoughts are inalienable, but that is only because we have yet to discover how to modify them externally. If we ever do, they will cease to be inalienable. If anyone can deny you the ability to exercise a right, that right is not inalienable.
So really the only word which actually does apply is "right". An adjective to that word is pointless. Either you have a right or you do not. You can give up a right by your behavior, it can be taken from you by the government or by a random person. Rights are not natural, they are not given by any god. Rights are what the society says they are. You can claim you have a right, but if society does not agree then you don't have it.
Historically, the more local the government the more likely it is to infringe upon your rights. A local sheriff is far more likely to deny your rights than the head of the state police, and that person is more likely to infringe than the head of the FBI. Not always, but for the most part this is so. So I still do not get the rationale that restricting the federal government is the way to go when it has been the states which have been the problem.
You're right. You cannot lose a right that falls within the realm of unalienable right. But you can choose to relinquish some or all of an unalienable right for whatever reason and you can be prevented from exercising an unalienable right. That is the purpose of the Constitution--to recognize and secure the unalienable rights of the people.
You can't relinquish and inalienable right. It is, by definition, inseparable from you. There is no point in creating a Constitution to secure inalienable rights because you cannot secure that which cannot be removed. You might as well set up a government to secure the sun rising in the morning.
Well I disagree and we'll just have to disagree on that point. I am bored with arguing it so let's just agree to disagree. There are sufficient others who do understand the concept of unalienable rights that I think we can have a productive discussion on how best to recognize and secure those with new wording that removes a lot of the ability to interpret the Constitution in more than one way.
Wrestling over definitions does get boring. And it's further frustrated when one party won't at least recognize the other's definition - even if they disagree that it was the intended meaning. I think the real disagreement, when it comes to the definition of 'inalienable' is what it means to 'alienate' a right.
PratchettFan - I hope you'll try to at least comprehend what we're saying, even if you don't think its what Jefferson intended. What we're saying is that 'inalienable' doesn't mean it can't be violated, or temporarily impeded. Obviously other people can temporarily inhibit your freedom. But if you can still exercise a freedom when no one is inhibiting it - that's 'inalienable'. If you can, if you care to understand what we're getting at here, think of it this way: Any "right" that you can exercise if no one else is around is an "inalienable" right. Rights that require the active participation of others aren't. So freedom of speech, freedom of conscience, freedom of religion, free will in general, are inalienable capacities of human existence.
In my view, Jefferson was characterizing, in fact limiting, the kinds of rights government should secure - not all rights, but the inalienable rights that we have even if no one else is around. Government should strive allow us to go from that state of perfect freedom, when we're alone, and enter into social interactions retaining as much of that innate freedom as possible.
I *think* I understand the view that PratchettFan and others are arguing for. They seem to be seeing any freedom that can be violated as 'alienable'. And of course, just about any freedom can be violated - certainly by killing a person. From that perspective, there are no such things as inalienable rights. And they find it puzzling that people can insist that some rights are inalienable. But I think they're missing the point of the 'inalienable' descriptor. It's not saying there's anything magical about those rights that prevents them from being violated. It's just saying that they require be bare minimum from others to be preserved. All they require is that others leave you alone.
I get what you are saying. My objection is that the word is misleading and propagandistic. You have a right or you don't. Calling it inalienable adds nothing. If you are marooned on an island, then you can do whatever you please within your physical limitations, but you have no rights at all. The very concept of a right is dependent upon a society. Without social interaction the word has no meaning.
If we are going to discuss which rights we should and which we should not have, that is fine. If we are going to discuss how we are to insure we keep those rights, that is fine. Clearly we have different ideas on how that should be done. But applying this adjective to the word rights does not change the reality of it. Its only purpose is propaganda, just as Jefferson employed it, and I am not a fan of propaganda.