I. “UNALIENABLE” vs. “INALIENABLE” RIGHTS

1. “Unalienable Rights”
Meaning: rights inherent to the human person, impossible to surrender even voluntarily.
Key case law supporting unalienable rights
West Virginia v. Barnette (1943)
The Court held that compelled speech violates an individual’s inalienable freedom of mind, famously stating that
“If there is any fixed star in our constitutional constellation, it is that no official… can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.”
→ Confirms unalienable right of conscience.
Meyer v. Nebraska (1923) & Pierce v. Society of Sisters (1925)
Protects parents’ rights to raise children, grounded in natural liberty.
Skinner v. Oklahoma (1942)
Recognizes procreation as a “basic civil right” rooted in natural law.
These cases affirm that essential liberties exist before and above state authority.
2. “Inalienable Rights”
Originally meant rights the state should not infringe but that could theoretically be surrendered by contract.
Case Law:
Lynch v. Household Finance (1972)
Acknowledges that certain rights (e.g., property contracts) may be alienated voluntarily, but others cannot.
Why the Founders chose “unalienable”
Jefferson wanted to emphasize:
Rights come from the Creator
They cannot be revoked by legislatures, kings, or majorities
Case law echoes this through recognition of “fundamental rights” that the government must respect regardless of public opinion.
II. NATURAL RIGHTS vs. CONSTITUTIONAL RIGHTS
1. Natural Rights
These pre-exist government.
Case Law:
Calder v. Bull (1798) — Justice Chase states:
There are certain vital principles in our free republican governments… which will determine and overrule any apparent and flagrant abuse of legislative power.
→ A direct acknowledgment of natural law as superior to statutory law.
Lochner v. New York (1905)
Though controversial, it relies on the concept of liberty of contract as rooted in natural rights.
Griswold v. Connecticut (1965)
Recognizes “zones of privacy” derived from natural and pre-political rights.
2. Constitutional Rights
Rights created or codified by the Constitution.
Case Law:
Marbury v. Madison (1803)
Establishes that the Constitution is a binding legal shield protecting rights.
Gitlow v. New York (1925)
Incorporates natural rights (speech) through the 14th Amendment.
The key difference
Natural rights belong to human beings.
Constitutional rights belong to legal persons within U.S. jurisdiction.
The Constitution secures natural rights; it does not create them.
III. FREEDOM OF MOVEMENT (with Case Law from Common Law to Modern U.S.)
1. English Common Law Roots
Sir William Blackstone wrote that every Englishman had the natural liberty to move freely within the kingdom.
The Framers adopted this concept.
2. Domestic Travel
A fundamental constitutional right.
Case Law:
Crandall v. Nevada (1868)
Recognizes citizens’ inherent right to move freely between states.
Shapiro v. Thompson (1969)
The Court invalidated state residency restrictions, calling interstate movement a “fundamental right”.
Saenz v. Roe (1999)
Reaffirmed the right to enter, leave, and be treated equally in any state.
These cases explicitly root travel in natural liberty.
3. International Travel
Still a protected liberty, though subject to limited government regulation.
Case Law:
Kent v. Dulles (1958)
Held that the right to international travel is “part of the liberty” of citizens under the 5th Amendment.
Aptheker v. Secretary of State (1964)
Government cannot broadly restrict travel without compelling cause.
Haig v. Agee (1981)
Travel may be restricted only for national security reasons.
IV. WHY SOME BELIEVE CITIZENSHIP OBLIGATIONS INFRINGE NATURAL RIGHTS
Concerns often involve:
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