We the People

Sen. Greg Hinkle

Unalienable Rights,

Part III

In 1809, Thomas Jefferson said in a reply to the Citizens of Wilmington, “[The] best principles [of our republic] secure to all its citizens a perfect equality of rights.”  

We should remember that in a democracy there may not be an “equality of rights” simply because a majority may rule over a minority.  

This nation was founded on the rights that were articulated in the Declaration of Independence and the Bill of Rights.  

In a few days, we will celebrate those rights on July 4th.  The Declaration states, in part; “ …that they [citizens] are endowed by their Creator with certain unalienable rights…”.  Just what does “unalienable” mean?

The dictionary defines “unalienable” as “that which can not be given or taken away; that can not be transfered to another”.   Simply put, these rights are there upon the birth of each one of us or “endowed by their Creator”.  What are these “unalienable rights”?  

The Declaration goes on to state, …”that among these are life, liberty, and the pursuit of happiness…”.  

In order to understand what our Founding Fathers intended, one must look further into their discussions on this cornerstone of our  freedom.  

Government should be powerless to alter, modify or abolish these rights.  

Jefferson said to George Hay in 1807, “An equal application of law to every condition of man is fundamental.”  In light of these three “rights” I look at the first one “life”.  

This is a right, the right to life.  This is one reason why I supported SB406:Constitutionally Define a Person and SB46:Protection of Unborn Life a Compelling State Interest during the last legislative session.

These bills are consistent with the “unalienable right” of “life”.   When you think about it, to oppose bills like these is contrary to the oath of office each legislator takes.

Next is the right of “liberty”.  Liberty defined  in the dictionary is the condition of being free; freedom from captivity, imprisonment, or slavery.   

I define liberty as freedom with responsibility.  It was on this premise that I voted against the Primary Seatbelt bill which would have allowed an officer to pull you over to make sure your seatbelt was fastened.  I did vote for a bill that dealt with the seatbelt issue that would have voided your insurance if you were injured because of not wearing it [it failed].  If you made the decision to not fasten that seatbelt then you would be liable for your own actions.  Liberty and personal responsibility go hand in hand.  We have the “liberty” to walk into any bank in the country and do our business.  We do not have the “liberty” to withdraw someone elses money because that infringes on their “liberty”.  Liberty never means that one has the right to do what is morally wrong.

 The unalienable right of “the pursuit of happiness” is the right to pursue your life ambitions free from government interference.   You are free to work, live, own property and conduct your affairs without government intrusion.  Much of the legislation I saw during the session had some idea of more restrictions on these freedoms. Consequently, I made a lot of “no” votes.  Another quote from Thomas Jefferson in 1774; “A free people [claim] their rights as derived from the laws of nature, and not as a gift of their chief magistrate.”   One could replace the word “gift” here with “permit”.  It is the responsibility of government to secure these rights, not erode or take them away.

I think about what Laura Ingalls wrote in Chapter 8 of Little House on the Prairie when she dicovered the true meaning of the Declaration; “The crowd was scattering  away then, but Laura stood stock still.  Suddenly she had a completely new thought.  The Declaration and the song came together in her mind, and she thought: God is America’s king”.  

“She thought: Americans won’t obey any king on earth.  Americans are free.  That means they have to obey their own consciences.  No king bosses Pa: he has to boss himself.  Why (she thought), when I am a little older, Pa and Ma will stop telling me what to do, and there isn’t anyone else who has a right to give me orders.  I will have to make myself be good.”

“Her whole mind seemed to be lighted up by that thought. This is what it means to be free. It means, you have to be good. “Our father’s God, to Thee, author of Liberty…” The laws of Nature and Nature’s God endow you with a right to life and liberty. Then you have to keep the laws of God, for God’s law is the only thing that gives you a right to be free.”

     Laura Ingalls understood the concept that was stated by John Adams, “Our Constitution was only made for a moral and religious people. It is wholly inadequate for any other.”         

     I quote Jefferson because he was the author of the Declaration of Independence.  These precepts of “unalienable rights” are immutable, they do not change.  The Founders of the Republic knew that there had to be more restrictions on government and that is why we have the Bill of Rights.  I will discuss those later.  This Fourth of July, I will contnue to think about all those who have given their sacred honor in protecting these precious rights.  Please have a safe and enjoyable day of honoring the liberty entrusted to us.  You may contact me by email at ghinklesd7@gmail.com or call me at 827-4645.