Jon Henke has an excellent post that I unfortunately don’t have the time to go into in detail. The issue is whether natural rights exist since they aren’t visible, and so forth. He makes, essentially, a utilitarian argument about rights—they exist because others agree that they exist. I’m not comfortable with this position because the “rights as social construct” concept leaves a lot of room for people to tamper with you for whatever reason they choose.
I’m an adherent to the natural rights view, but the only thing “natural” about them is that they create a moral case for the person whose rights are being violated to do whatever is necessary to secure them, including violence. Of course, there are trade-offs to be made. I live in Mississippi and there are certainly laws here (as with any state) that were cooked up by some tin-pot tyrant that have nothing to do with protecting anyone’s rights. They simply did it because they could. Is each of these worth fighting over? No.
I would like to say more, but time is short. Check out Jon’s post.