Where do our "rights" come from?

The letter below was sent to the editor of our local newspaper but was not published. It deals with my concern about the continuing erosion of our unalienable liberties.

Letter to the editor: Tennessee Senate Bill 1117 introduced by Republicans is intended to grant students a “Bill of Rights”, among which is the right not to be introduced to “controversial” material. The language of this bill is revealing because it suggests that the Tennessee legislature, by a vote, can grant (or revoke) our fundamental liberties. Evidently, these republican legislatures do not understand that our fundamental liberties are not “given” or “granted” by any branch of our government. These are unalienable rights and the role of government is to protect (not give or grant) these rights. “One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections” (Supreme Court Justice Robert Jackson, West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)). Fortunately, the Constitution of the State of Tennessee also makes this clear “no human authority can, in any case whatever, control or interfere with the rights of conscience” (Section 3). The rights of conscience, when exercised, are often labeled “controversial.” The rights of both instructors and students do not stop in the classroom and are not suspended when “controversial” issues are discussed. This bill pretends to support a “posture of neutrality” yet is remarkably similar to legislation proposed in at least 20 states is based on the ideals of neoconservative activist David Horowitz.