We cannot objectively prove in an empirical sense that inalienable rights exist. As a result of that, we cannot say, in an objective sense, whether a person has a right until the government gives them permission to exercise that right. Because we cannot prove through empirical means that a right exists, we cannot say objectively that a group of people have a right until the government gives them permission to exercise that right. In a similar way we cannot say objectively that a person does not have a right until government prohibits them from exercising a right.
For example, the southern states felt they had the right to secede from the United States. And in fact, some people to this very day feel that it was a violation of the rights of the southern states when they were prohibited from doing so. However, despite such assertions, the US government, through violent coercion, forced the southern states to remain in the union. Not only that, but some of the southern states were coerced into ratifying the 14th amendment. The point is that the government that was provided for in the Constitution determines what rights, persons taken individually, as a group, or state governments have.