Rich- First off, let me thank you for raising the bar. This is the kind of discussion we used to have here that made this such a great place to post.
Second-
I had a great Proff here at A&M who gave us an assignment. He would give you extra credit for up to 1/3rd of your grade if you could accurately tell him what an inalienable right was (as defined by the authors of the Declaration). It was July 4 and so he does this type of thing.
Turns out nobody (not even me) knew. But if he is correct (he grades us, not the other way around), an inalienable right is a right that you don't even have the ability to contract away. Indentured servitude would be a violation of an inalienable right because you simply cannot take it away from somebody and you cannot give it away to somebody. It is inalienable and you get it because you are a human being. Of course there were lots of inconsistencies in the lives of the founders, but as far as I am concerned, if you've paid your price, you should be free. If a felon is violent, and he is still a threat to society, then why would we let him back out on the street?
If he is not a threat to society, then why do we continue to keep him from his rights?
Having worked in LE in a part-time capacity and not on the street, I can say that most the folks in Jail are "innocent". There was always a HUGE part of their story that was missing, but I think that drug possession is not a Malum en se type of crime. Neither is possession of a firearm.