Are we moving toward a nation without the unalienable rights memorialized in the Constitution?
No, the notion is ignorant idiocy.
In fact, the opening sentence makes no sense whatsoever.
The Constitution is a legal document, the DOI political, and carries no force of law.
As for ‘unalienable rights,’ in essence they are codified by the 14th Amendment, which incorporates the Bill of Rights to the states. Prior to the advent of incorporation doctrine, the Bill of Rights applied only to the Federal government. At that time our civil liberties were indeed not ‘unalienable,’ as the states could ignore the first Ten Amendments to the Constitution, such as the 6th Amendment right to counsel.
By the end of the 19th Century, however, the Supreme Court began to apply the Bill of Rights to the states as originally intended. See:
Chicago, Burlington and Quincy Railroad v. City of Chicago (1897) and
Gitlow v. New York (1925).
Today, with but a few exemptions, the bulk of the provisions of the first Ten Amendments to the Constitution have been incorporated to the states, where the states can no longer violate the civil liberties of their residents. Consequently, the rights codified by the Bill of Rights are now unalienable.
The political irony of this, of course, is that conservatives, for the most part, have always opposed incorporation doctrine, advocating the myth of ‘states’ rights.’ Obviously in the context of ‘states’ rights’ a state could deny its residents a given civil liberty, again, such as the right to counsel. See:
Gideon v. Wainwright (1963). If a citizen is denied his right to counsel, as was the case in Florida, then oneÂ’s rights are clearly not unalienable.
Where conservatives currently stand on incorporation doctrine is unclear, after Justice Scalia accepted the doctrine (grudgingly) in
McDonald:
…I have acquiesced in the Court’s incorporation of certain guarantees in the Bill of Rights “because it is both long established and narrowly limited.”
Albright v. Oliver , 510 U. S. 266, 275 (1994) ( Scalia, J., concurring). This case does not require me to reconsider that view, since straightforward application of settled doctrine suffices to decide it.
Mv. CHICAGO
Likely there are some reactionary conservative and libertarian holdouts still opposed to incorporation doctrine, but with the likes of Justice Scalia endorsing the doctrine, what legal recourse such conservatives and libertarians have is severely limited, if not non-existent.