1. RIGHTS DEFINITIONS DISTINCTIONS DERIVATION

2. MISUNDERSTANDINGS ABOUT RIGHTS THE ASSERTION OF A RIGHT = THE EXISTENCE OF A RIGHT RIGHTS ARE SELF-EVIDENT THE ASSERTION OF A RIGHT ENTAILS NOTHING BEYOND THE ASSERTION THERE ARE NO SUBSTANTIAL DISTINCTIONS BETWEEN KINDS OF RIGHT ALL RIGHTS HAVE EQUAL STATUS

3. DEFINITIONS BASIC DEFINITION –CLAIM BASED UPON AN IMPORTANT VALUE, –RECOGNIZED BY THE COMMUNITY, –IMPOSING A DUTY ON ANOTHER TO ACT OR FOREBEAR, –THEREBY PROTECTING THE CLAIMANT IN THE PURSUIT OF THE VALUE. RIGHTS CONFER POWER AND PROTECTION RIGHTS LANGUAGE IS OFTEN ADVERSARIAL

4. ALTERNATIVE DEFINITION A RIGHT ENTAILS AN OBLIGATION OR DUTY IMPOSED ON ANOTHER, REQUIRING A CONSENSUS IN IDENTIFYING THE BEARER OF THE DUTY, TO ACT OR FOREBEAR IN A WAY, WHICH PROMOTES THE GOOD EMBODIED IN THE RIGHT FOR THE WELFARE OF THE CLAIMANT.

5. DISTINCTIONS MORAL –[WISHES] APPEAL TO THE ENLIGHTENED CONSCIENCE –“HUMAN RIGHTS” FLOW FROM HUMAN NATURE LEGAL –[POWER TO SUE] APPEAL TO CODES OF LAW POSITIVE –IMPOSE A DUTY TO ACT NEGATIVE –IMPOSE A DUTY TO FOREBEAR [BEHAVE WITH RESTRAINT]

6. ADDITIONAL DISTINCTION INDEFEASIBLE RIGHTS –RIGHTS WHICH OTHERS CANNOT JUSTIFIABLY OVERRIDE INALIENABLE RIGHTS –RIGHTS WHICH THE BEARER MAY NOT RENOUNCE

7. DERIVATION OF RIGHTS GOODS [THAT ARE VALUED] –Colonists Coming to America (17 th & 18 th Centuries) INDISPENSABLE GOODS/VALUES TO ACHIEVE SPECIFIC GOALS –Colonists Developing Goods/Values for Self- Determination (18 th Century) ASSERTION OF MORAL RIGHTS [WISHES] –U.S. Declaration of Independence (1776) CODIFICATION OF LEGAL RIGHTS [STRUCTURED PROTECTIONS AND THE ABILITY TO SUE] –U.S. Bill of Rights (1791)

8. WHY A BILL OF RIGHTS A MAJOR PART OF DEMOCRATIC INSTITUTIONS REDUCES CITIZEN VULNERABILITY PROTECTS CITIZENS FROM EXCESSES EMPOWERS CITIZENS GIVES CITIZENS A VOICE GIVES CITIZENS STANDING ALLOWS CITIZENS TO PARTICIPATE IN THE DETERMINATION OF THEIR DESTINY

9. U.S. CONSTITUTION AMENDMENT XIV; SECTION 1 ALL PERSONS BORN OR NATURALIZED IN THE UNITED STATES, AND SUBJECT TO THE JURISDICTION THEREOF, ARE CITIZENS OF THE UNITED STATES AND OF THE STATE WHEREIN THEY RESIDE. NO STATE SHALL MAKE OR ENFORCE ANY LAW WHICH ABRIDGES THE PRIVILEGES OR IMMUNITIES OF CITIZENS OF THE UNITED STATES; NOR SHALL ANY STATE DEPRIVE ANY PERSON OF LIFE, LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF LAW; NOR DENY TO ANY PERSON WITHIN ITS JURISDICTION THE EQUAL PROTECTION OF THE LAWS.

10. FUNDAMENTAL RIGHTS ENTITLED TO THE CONSTITUTION’S PROTECTION “OBJECTIVELY, ‘DEEPLY ROOTED IN THIS [SOCIETY’S] HISTORY AND TRADITION,’ AND ‘IMPLICIT IN THE CONCEPT OF ORDERED LIBERTY,’ SUCH THAT ‘NEITHER LIBERTY NOR JUSTICE COULD EXIST IF THEY WERE SACRIFICED.’” –Washington v. Glucksberg. U.S. Supreme Court (1997).