I'd like to expound on what you said Blayglock. That type of language that the media perpetuates is what has everybody so screwed up concerning constitutional issues. The Bill of Rights gave us absolutely no rights whatsoever. The Bill of Rights and the Constitution was a limit on Government. Our rights were described perfectly by the Declaration of Independence when it said: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.
Now think about that for a moment. Our founders agreed that it was a truth that was self-evident. Self evident means that it was so apparent to the individual that it was beyond debate. What was self-evident; that our rights were creator endowed and unalienable. Today our schools have lost the meaning of something that is self-evident. You are taught in schools of higher learning to question the reality of truth, and that nothing is absolutely true. Quite a turnaround in 200 plus years. Back then the founders said that it was beyond debate that we had absolute rights, now it is seen as an opinion to be decided on by 9 people wearing black robes.
Let's continue with the phrase "endowed by our creator". That means that your rights were given to you by creator; whoever you deem that to be. So in essence if your God gave you a right, you were given it when you were born, and only your creator could give it to you or take it away. That means that no man, government, or any document could take that right away from you if it was given to you by your creator (again whoever you deem that to be).
Now let's move on to the term "unalienable". That means that it is unable to be surrender. So in essence you rights cannot be taken away nor can you surrender them. You might ask why. It's a question of authority. If you creator gave you a right, then only something that has the same authority as your creator can take it away. So because you are not a deity, and other people are in the same boat as you, then your rights are secured by your creator.
So when Scalia said what he said in that opinion he was right. The problem with that is that is how it should be universally regarded here in the US. That is how it used to be taught, and it's how it should be taught now. The reason why it's not taught that way now, is because you would have to admit the existence of God, and that is just not going to happen in a public school.
That's why you see polls in news that ask you if the 2nd amendment gives the individual the right to bear arms. That type of question should be laughed at. The obvious answer is no. The 2nd amendment doesn't give rights, it limits government from plundering your god given unalienable right.
The best way I could put it is like this: You are given rights at your birth by God. Before the US government existed you had those rights, while the US government exists you have those rights, and if the US government dissolved tomorrow you would still have those rights.
There has been a transition during the last century to quite thinking of rights as being god given. Now you are taught to think of them as "human rights". You are taught to think of them as being given to you by government. Thats because if government gave them to you...then they can also take them awaY. That is not the case if it's God given.
If they keep parading these issues in front of the public and then get everybody to except that nine people in robes is the final authority on our rights instead of God, then very soon our rights will become privileges. And you know what happens after that.