Rights vs. Privileges

A right is defined by Black’s Law Dictionary as “a power, privilege, (sic) faculty, or demand, inherent in one person and incident upon another … the powers of free action.” Please note that rights are “inherent” in a person. This means that it is physically impossible for rights to be extracted from a person by any means.

Imagine a brick made of lead. The first thing that will cross your mind is that this object will be heavy. Extremely high density or weight is an inherent quality of lead. If an object isn’t heavy, you can be certain that it’s not made of lead. You cannot put a lead brick into a vacuum and “suck out the heavy.” You cannot put a lead brick into a microwave and zap it until it becomes light and fluffy. The quality of being heavy is one of the distinguishing attributes of lead.

Now recall some of the dreams that you’ve had. You can’t put the unpleasant ones into a bag and bury them in the back yard. You can share your dreams with others, but you don’t have to worry that someone will steal them from you when you’re not looking. Your dreams are an inherent part of who you are. No one can extract your dreams from you. The same thing is true about your rights. When you die, your dreams will die with you. If someone kills you, they will deprive you of life, but they can never deprive you of your right to life.

I define a right as something you can do without asking for permission. The opposite of a right, therefore, is something you cannot do without ask- ing for permission. Any time you need permission to do something it is a privilege. Black’s Law Dictionary defines this as “a particular and peculiar benefit or advantage enjoyed by a person, company, or class, beyond the com- mon advantages of other citizens. An exceptional or extraordinary power or exemption.” Rights and privileges are opposites. I have three corollaries to the definition of rights. They are:

• All rights are derived from property;
• Every right implies a responsibility; and
• The only limitation on your rights is the equal rights of others.

Let me demonstrate the principle behind my first corollary with an example. Suppose I walk out of my house onto my land. I can walk back and forth, back and forth, across my land anytime I want without asking anyone’s permission. Walking across my land is a right. Now suppose I want to walk to the store located on the other side of your land. Can I walk back and forth across your land anytime I want to? Certainly not. Not without your permission. It is a privilege to walk across your land. Assuming that we’ve been neighbors for a while, it is possible that your response would be, “Sure you can take the shortcut, Mike. What are friends for?” So on Monday, Tuesday, and Wednesday I walk to the store making my way across your land. Let us now assume that something unpleasant happens to you. You misplace a winning lottery ticket, or your significant other leaves you for your best friend. You wake up Thursday morning in a terrible mood, looking for an opportunity to vent your frustrations. As I begin to make my way across your land you shout, “Hey, mister! Walk around! That’s what fences are for!”

The important concept here is that privileges are granted, and they can be revoked at any time for any reason. Once again, rights and privileges are opposites.

Property! This is the one-word answer to any question regarding the Constitution. Any time there is a dispute about rights, the argument can be settled by determining who owns the property in question. Prior to the American Revolution, a man born into the proper family was thought to possess all of the land in England, and he claimed all rights as well. The king could bestow privileges on the people he favored and, being the king, he could revoke those privileges at any time. He could also have a person sentenced to death for any action he found insulting. All his power came from his ownership of property. When Christopher Columbus marched out of the water onto a beach in North America, he immediately proclaimed ownership of the entire continent for Queen Isabella of Spain. Subsequent settlers would each declare ownership of the land for the royalty they felt they owed allegiance to. The king’s power and prestige was directly related to how much land he possessed—which explains why human history consists almost exclusively of continuous warfare.

The Declaration of Independence states “they are endowed by their cre- ator with certain unalienable rights.” This statement refutes the idea that only the king had any rights. Instead of accepting privileges controlled by a human king, we claim the same rights that every king has ever claimed. We consider this to be “self-evident” now, but it was necessary for us to defend this idea by fighting a bloody revolution that ended with the Treaty of Paris in 1783. The significance of this treaty was to transfer ownership of the land from the king to the people in America. Hence, the American Revolution was ulti- mately about the right to own property. The ownership of property is the most important distinction between freedom and tyranny. This idea is so impor- tant that John Adams, the twelfth president (right after George Washington) wrote: “The moment the idea is admitted into society that property is not as sacred as the law of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.”

Source: Chapter 2, Good to be King: The Foundation of Our Constitutional Freedom, by Michael Badnarik
This is only a portion of chapter two, read the whole book here.