Your rights exist not because they are written down. Your rights exist not because the government tells you about them. Your rights don’t begin to exist only after they are written down or they tell you about them.
Inalienable rights are universal. They exist because you do. The founding fathers didn’t create them some 240 years ago. They merely recognized that society works best and to the benefit of all when Inalienable Rights are enshrined.
All of this comes from the recent Boston Bomber and the controversy about not “Mirandizing” him. After many conversations online I’ve come to the conclusion that people think rights only exist after the government tells you about them. Furthermore, that you don’t have those rights before they tell you about them.
The Supreme Court is wrong in that anything gleaned from the accused is void if they haven’t been read their Miranda Rights. This makes the act of reading those rights an entitlement that voids all actions beforehand (see previous post on entitlements). This makes the government responsible for your ignorance of your rights.
The Boston Bomber can choose to remain silent, and he can choose to say nothing until his lawyer is there (or one is provided for him). Because the government has yet to read him his Miranda Rights doesn’t mean he doesn’t have Miranda Rights. Nor does it mean that the government can do whatever it likes to get information out of him up until the moment he is read his rights.