So you don't believe in the constitution? Can I put you in prison forever on trumped up charges just because I feel like it to prove a point?

The problem with stratifying rights is that the line can be redrawn for selfish purposes. Everyone else's definition of 'earned' is not the same as yours. We have rights because some things we deem essential for life in our country. If you don't believe in that then I suggest you move to a country where you have no rights and then I can tell you 'I told you so' when you start complaining your life is in danger.