You would think after all of these years being coddled in public service, saying racist things about black people, and sexually harrassing women, that Joe Biden would have gotten around to reading the Constitution. Obviously he has not. By our nation's design, The Bill of Rights is untouchable. We hold these truths to be self-evident.. as in pre-existing. What an idiot.
You're mixing up 'Inalienable Rights' as mentioned in the declaration of independence, and Constitutional rights.
ANY amendment to the Constitution can be amended by a new amendment. Many have been.
Article one of the Bill of rights was never ratified. Article two was only ratified in 1992.
Articles 3-12 were ratified in 1791. Those 'rights' apparently didn't exist before then.
en.wikipedia.org
There is no such thing as a "constitutional right", and never can be.
There are a gazillion reasons for this.
First of all, rights have to exist first, before they could ever be made into law.
Otherwise no one would have the authority to make the legislation, like the Bill of Rights.
But the Bill of Rights clearly says it is not creating any rights, that rights can't be created, that they have to always exist, can not be taken away, and that they are infinite and innumerable.
The purpose of the Bill of Rights was to create restrictions on the federal government, not to list rights.
With the link to the history of the Bill of Rights, you are confusing the wording with the theory.
For example, the fact slavery existed does not change the fact everyone always knew it was wrong.
Lots of people do things they know are wrong, like rob banks, cheat on taxes, lie about Iraqi WMD, the War on Drugs, federal firearm laws, etc.
So the Bill of Rights final wording was a compromise, not something idealized or perfect.
Everyone knew it was flawed, and the 14the amendment had to later try to fix it.
In summary, there has to be an over reaching concept of rights that justifies any legislation.
That is how the SCOTUS can decide legislation, including amendments, could be illegal.
A very idealistic, but unrealistic view of rights.
In reality, once a person is born, the only right they have is the right to die.
All other rights are theoretical constructs agreed upon in some sort of social contract.
"We the people..." have agreed on the rights in the Constitution.
Americans in general have agreed upon the concept of "Inalienable Rights" as stated in the Declaration of Independence".
These are all social constructs... they do not really exist in nature.
Did the Jews in 1930s Germany have such rights?
We have rights because WE ALL AGREE THAT WE HAVE RIGHTS.
But mostly we tend to disagree that other people have rights!
Sure all rights are social constructs.
But that does not mean they are arbitrary.
They have evolved out of our understanding of the instincts in our DNA.
For example, if we were not social, herbivore, primates originally, and had evolved from canine predators, our sense of rights likely would be very different.
They are an understanding of what minimizes social friction and maximizes social freedom, within our primate hereditary instincts.
For example, how do we know we have a right to life?
Because if you try to take the life of anyone, they not only will strongly try to resist and cause you harm, but empathy will cause the taking of life to harm many others as well.
The Holocaust is a lot more complicated than that.
Did you know that it was Zionist traitors in Germany who caused them to lose WWI, that it was very unfair, that it was the Allies that were in the wrong, and that the Allies committed massive war crimes against Germany in order to win?
Zionists like Chaim Weizmann and David ben Gurion gave the Allies the formula for synthetic acetone for cordite explosive, and stole the Zimmerman letter to get the US into the war. In return the British gave the Zionists the Balfour Declaration, over a Palestine the British had no authority to give. The Germans did not start WWI, but the Russians assassinated Archduke Ferdinand and his wife, and the French invaded Germany first. The means of making Germany surrender was the illegal embargo of civilian food, murdering millions of Germans through starvation, a war crime since 1906.
Science is what should be used to determine rights.
We often instead go by simple majority rule, but that is obviously foolish and wrong.
There is a scientific basis for rights that any anthropologist or philosopher can easily understand.
The problem is politicians and lawyers tend to be liars.