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De Omnibus Dubitandum - Lux Veritas

Saturday, July 6, 2013

Is it Inalienable Rights? - Or - Is it Unalienable Rights?

By Rich Kozlovich
One of the things that always drove me crazy were those who quote the Declaration of Independence saying ‘that all men are created equal, that they are endowed by their Creator with certain unalienable Rights.  For years I would get all huffy over that.   All through my early years I always heard ‘inalienable rights’, not ‘unalienable’.  This "change" to unalienable really irritated me since I thought it was a modern affectation.  So what is it?  Is it “inalienable” or “unalienable as modernists have insisted on? 
Well, I have found out – much to my own displeasure - that this isn’t an act of modern revisionism.  This was an issue from the very beginning as Thomas Jefferson wrote ‘inalienable’ in early handwritten copies, and John Adams wanted ‘unalienable’.  Is there a difference?
While most claim the words are interchangeable; one writer claims that;
There is a startling difference between inalienable and unalienable. While Black's Law dictionary does not currently suggest a difference between inalienable and unalienable, Black's 2nd edition (and earlier) DID, in fact, mark a difference, way back in 1903.
Inalienable: Not subject to alienation
Unalienable: Incapable of being aliened
The difference has profound implications: One "not subject" to losing their rights may eventually be subject to a loss of rights if laws or their legal status change. But if one is deemed INCAPABLE of losing one's rights, then there is no legal method available for removing those rights, which any reasonable person would agree was clearly the founders' intention.”
But the real issue isn’t what the early handwritten copies say, or what the arguments for or against are about; but what actually appeared in the final document signed by those 56 immortals.  It was ‘unalienable’ in the official signed document that was presented to the world.  Adams won! The final signed official document said - "unalienable".    "Unalienable" is clearly visible here!   (Click to enlarge!)
 

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