Very interesting discussion.
The debate here seems to be around the very thing I was asking about.
It calls into question the very concept of "natural rights" as a useful construct and focuses on where rights come from.
It seems very clear to me, that people need to establish where they think rights come from as it really does test your allegiances.
If you think your rights come from God, then you view government with a very jaundiced eye.
If you think they come from the government...I am not sure how you view your benefactor. After all, they created them for you.
And how do you view people who are trying to take them away ?
You know... I was glib with you earlier, but this really is very frustrating, because it's not even a real debate. It's just a confusion, a category error. The 'inalienable rights' that Jefferson references are an entirely different sort of thing than the concept most people are referring to here when they discuss 'rights'. Most people, Rabbi and the rest who insist rights are state creations, are thinking of rights as those freedoms we designate for protection - and that protection certainly isn't 'inalienable'. As soon as there isn't a government around to provide the protection, it goes away. But the freedom itself is simply a by product of free will.
The key thing about the inalienable rights is that no one needs to do anything for you to have them - all they need to do is leave you alone. That's what makes them different than nonsense like the 'right to health care' or other imagined rights that require others to serve you. Again, inalienable doesn't mean 'sacrosanct' or 'off-limits' - it just means 'innate', essentially something that is an extrapolation of the ability to think for yourself.
I understand your frustration as it seems most disagreement is generally at the level of "definitions". Your comments above have helped me to better narrow what you are referencing. I can see an extension of that thought spilling over into what many others are pointing at.
The problem is that even within the libertarian/conservative camp such differences exist.
As an example, the "right" to the pursuit of happiness is something I find difficult to envision as being inalienable.
On the one hand I think of Steven Covey's description of Victor Frankle's experience in the death camps. Frankle found he could chose to not be pulled down by his experiences. In Covey's words Frankle had more liberty while he did not have freedom. So, in a sense he had that inalienable right to pursue happiness within his circumstances.
However, that is really a stretch to me. He was still in a frigging Nazi death camp.
dblack asserts there are some kind of rights that people have, even while they are being deprived of them. That runs into what I claimed earlier: that no one can distinguish any difference between rights that are denied and rights that don't exist.