FD Article #9
by Bill Carns
When our Founding Fathers drafted "The unanimous Declaration of the thirteen united States of America" (commonly referred to as the Declaration of Independence) it began with acknowledging the "unalienable rights" of all men which predate any government or laws as they are endowed to us by our Creator. Later, with the drafting of our Constitution the Founders included
by Bill Carns
When our Founding Fathers drafted "The unanimous Declaration of the thirteen united States of America" (commonly referred to as the Declaration of Independence) it began with acknowledging the "unalienable rights" of all men which predate any government or laws as they are endowed to us by our Creator. Later, with the drafting of our Constitution the Founders included
the Bill of Rights.
The Constitution doesn't "give" us any rights rather it enumerates just a few of our God given and Constitutionally protected rights in the Bill of Rights. Realize that the Bill of Rights is merely a Top 10 List, if you will, which the Founders deemed to be so important that they enumerated those particular rights and acknowledged that all unalienable rights were too numerous to list.
Unalienable right refers to rights that cannot be surrendered, taken or transferred from you, especially a natural right such as the right to own property. However, these rights can be transferred with the consent of the person possessing those rights. Unalienable is defined as incapable of being surrendered or transferred; at least without one's consent [Morrison v. State, 252 S.W.2d 97, 101 (Mo. Ct. App. 1952)]. A person can surrender or transfer unalienable rights by actual or constructive consent, as in the case of Power of Attorney.
As stated, our right to own property is a perfect example of a natural or guaranteed unalienable right even though it's not listed in the Bill of Rights (however "private property" is mentioned in the 5th Amendment).
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” -Amendment 5, Bill of Rights
The Constitution doesn't "give" us any rights rather it enumerates just a few of our God given and Constitutionally protected rights in the Bill of Rights. Realize that the Bill of Rights is merely a Top 10 List, if you will, which the Founders deemed to be so important that they enumerated those particular rights and acknowledged that all unalienable rights were too numerous to list.
Unalienable right refers to rights that cannot be surrendered, taken or transferred from you, especially a natural right such as the right to own property. However, these rights can be transferred with the consent of the person possessing those rights. Unalienable is defined as incapable of being surrendered or transferred; at least without one's consent [Morrison v. State, 252 S.W.2d 97, 101 (Mo. Ct. App. 1952)]. A person can surrender or transfer unalienable rights by actual or constructive consent, as in the case of Power of Attorney.
As stated, our right to own property is a perfect example of a natural or guaranteed unalienable right even though it's not listed in the Bill of Rights (however "private property" is mentioned in the 5th Amendment).
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” -Amendment 5, Bill of Rights
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
-Amendment 5, Bill of Rights
Private property includes homes and businesses. Realize ANYTHING personally owned is private property. Like vehicles, clothing, etc. For the purposes of this article we're focusing on real estate.
If you own a home then that is your private property and you control it. The property is meant for you and you control it as you wish, as long as your usage doesn't infringe on the liberties of others. For example you cannot seize a person or their belongings merely because they're on your private property. That would be infringing on their unalienable rights and liberties thus depriving them of their personal private property.
Businesses which are open to the general public are a "public conveyance", meaning they have no prequalifying factors before you’re allowed entry meaning the general public is welcome on their property. Examples of this would be any retail establishment.
Businesses who provide for a membership which require some qualifying factors are private conveyances. For instance a country club who offers limited memberships, or a company which only sells to a specific profession, etc.
Masking a "membership" business with no qualifying factor other than anyone who agrees to pay membership fees are still considered public conveyances as far as the law is concerned. Costco and Sam's Club are perfect examples.
So why is it that, as individuals, we enjoy such unalienable rights as freedom of speech, freedom of religion, freedom from being randomly searched as we go about our lives knowing no public conveyance will violate those rights? It's because property rights DO NOT trump personal rights and liberties, especially in the name of a public conveyance which are generally owned by fictitious corporations.
We are not born into property, rather we have the right to own personal property provided we have the means to acquire it. However, personal rights are guaranteed to everyone at birth by our Creator and guaranteed protection under the Bill of Rights.
That is why you never see signs posted at the front of a public conveyance which say things such as "No Crucifixes", "No Stars of David", "No Freedom of Speech", or "We Reserve the Right to Search or Seize any Person and/or their Property".
However, we do have an unalienable right, which was so important that our Founders decided that this particular right also deserved to be part of the Bill of Rights.
I'm talking about our Second Amendment rights. The Second Amendment protects our God given right, inclusive of all men (who are all created equally in the eyes of our Creator) to protect ourselves and loved ones by keeping and bearing arms.
Why is it then, that certain public conveyances put up signs which say they won't allow “We the People” to exercise our unalienable Second Amendment God given and Constitutionally protected rights if we happen upon their property?
The idea is as preposterous as those who would prevent our freedom of speech or religion while on their private (public conveyance) property.
The notion that any public conveyance would take the position that their property rights provides them with some super authority to trump your unalienable (and, in this case, enumerated) right to carry a gun for self-defense is Constitutionally slippery.
Any such business posting and enforcing such a sign have effectively required you surrender your unalienable rights to provide for your own safety and security while on their property. All too often these decisions are a product of private legal opinion which would seem to ignore unalienable rights. What these legal opinions fail to realize is their potential liable responsibility for everyone’s safety by denying the right to self-protection while on their property.
Any person or entity who has the false notion that they have a right which allows them to infringe on your rights and liberties is Constitutionally unsound.
Definition: “unalienable” - incapable of being repudiated or transferred to another; "endowed by their Creator with certain unalienable rights" –Webster’s Dictionary
If you own a home then that is your private property and you control it. The property is meant for you and you control it as you wish, as long as your usage doesn't infringe on the liberties of others. For example you cannot seize a person or their belongings merely because they're on your private property. That would be infringing on their unalienable rights and liberties thus depriving them of their personal private property.
Businesses which are open to the general public are a "public conveyance", meaning they have no prequalifying factors before you’re allowed entry meaning the general public is welcome on their property. Examples of this would be any retail establishment.
Businesses who provide for a membership which require some qualifying factors are private conveyances. For instance a country club who offers limited memberships, or a company which only sells to a specific profession, etc.
Masking a "membership" business with no qualifying factor other than anyone who agrees to pay membership fees are still considered public conveyances as far as the law is concerned. Costco and Sam's Club are perfect examples.
So why is it that, as individuals, we enjoy such unalienable rights as freedom of speech, freedom of religion, freedom from being randomly searched as we go about our lives knowing no public conveyance will violate those rights? It's because property rights DO NOT trump personal rights and liberties, especially in the name of a public conveyance which are generally owned by fictitious corporations.
We are not born into property, rather we have the right to own personal property provided we have the means to acquire it. However, personal rights are guaranteed to everyone at birth by our Creator and guaranteed protection under the Bill of Rights.
That is why you never see signs posted at the front of a public conveyance which say things such as "No Crucifixes", "No Stars of David", "No Freedom of Speech", or "We Reserve the Right to Search or Seize any Person and/or their Property".
However, we do have an unalienable right, which was so important that our Founders decided that this particular right also deserved to be part of the Bill of Rights.
I'm talking about our Second Amendment rights. The Second Amendment protects our God given right, inclusive of all men (who are all created equally in the eyes of our Creator) to protect ourselves and loved ones by keeping and bearing arms.
Why is it then, that certain public conveyances put up signs which say they won't allow “We the People” to exercise our unalienable Second Amendment God given and Constitutionally protected rights if we happen upon their property?
The idea is as preposterous as those who would prevent our freedom of speech or religion while on their private (public conveyance) property.
The notion that any public conveyance would take the position that their property rights provides them with some super authority to trump your unalienable (and, in this case, enumerated) right to carry a gun for self-defense is Constitutionally slippery.
Any such business posting and enforcing such a sign have effectively required you surrender your unalienable rights to provide for your own safety and security while on their property. All too often these decisions are a product of private legal opinion which would seem to ignore unalienable rights. What these legal opinions fail to realize is their potential liable responsibility for everyone’s safety by denying the right to self-protection while on their property.
Any person or entity who has the false notion that they have a right which allows them to infringe on your rights and liberties is Constitutionally unsound.
Definition: “unalienable” - incapable of being repudiated or transferred to another; "endowed by their Creator with certain unalienable rights" –Webster’s Dictionary