Lesson Two: March 7, 2001
The Origin Of Rights & Purpose Of Government
Part 2"Can the liberties of a nation be thought secure when we have removed their
only firm basis, a conviction in the minds of the people that these
liberties are the gift of God?"
--Thomas Jefferson: Notes On Virginia, 1782
http://members.ll.net/chiliast/pdocs/british_america.htmby
A.K. Pritchard
1995/09/24© Copyright 1995, 1999, 2001 - Anthony K. Pritchard
All Rights ReservedSuggested Reading - Declaration Of Independence, Rough Draft:
http://members.ll.net/chiliast/pdocs/dirough.htmLast week we read the following from the Declaration Of Independence:
"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; that, to
secure these rights, governments are instituted among men, deriving their
just powers from the consent of the governed;"We learned several things, among them that rights are of Divine origin and
that Governments are instituted among men to "secure" or protect those
rights."It is to secure our rights that we resort to government at all"
--Thomas Jefferson to M D'Invernois, 1795In order to get an even clearer picture of how important these truths were
to the minds of the founders of this nation, and to the founding of the
nation itself, let's take a look at the same passage in the rough draft of
that document:We hold these truths to be [sacred and undeniable] selfevident, that all
men are created equal and independent; that from that equal creation they
derive in rights inherent and inalienable, among which are the preservation
of life, and liberty and the pursuit of happiness; that to secure these
ends, governments are instituted among men, deriving their just powers from
the consent of the governed;
http://members.ll.net/chiliast/pdocs/dirough.htm
http://www.loc.gov/exhibits/treasures/images/decp1.jpgSELF-EVIDENT, Evident without proof or reasoning; that produces certainty
or clear conviction upon a bare presentation to the mind; as a
"self-evident" proposition or truth. That two and three make five, is
"self-evident." [Websters 1828]INHERENT, Existing in something else, so as to be inseparable from it. 2)
Innate; naturally pertaining to; as the "inherent" qualities of the magnet;
the inherent right of men to life, liberty, and protection. [Websters 1828]INALIENABLE, Unalienable; that cannot be legally or justly alienated or
transferred to another. (ALIENATE, To transfer title, property or right to
another). [Websters 1828]"The God who gave us life gave us liberty at the same time; the hand of
force may destroy, but cannot disjoin them."
-- Thomas Jefferson to W. Johnson, 1823DISJOIN, To part; to disunite; to separate; to sunder [Websters 1828]
Our rights are "inherent", that is inseparable, in our "equal creation",
they are indeed our birthright, they are ENDOWED by our Creator. Once a
cake is baked the flour, sugar, flavoring, and other ingredients become
what constitutes the whole cake, and do not stand alone, they are
inseparable from the whole and together constitute the whole. So it is
with our rights, they are as much a part of us from the moment of our
existence as the ingredients in a cake are to that cake. A modern day
acknowledgment of this self-evident truth is this:" 'That all men are created equal and are endowed by their Creator.' Human
beings upon creation, not upon birth. That is where our human dignity
comes from. It comes from the Creator. It is an endowment, not an
achievement."By membership in the human family, we are endowed by our Creator with
'inalienable rights.' They can't be voted away by a jury or a court.
--Henry J. Hyde, July 16, 1993, in a speech delivered after receiving the
"Defender of Life" Award at the Constitutional Litigation Conference,
Virginia Beach, Virginia. - Quoted in America's God & Country Encyclopedia
Of Quotations by William J. FedererAnd also:
"The idea is quite unfounded that on entering into society we give up any
natural rights."
--Thomas Jefferson to F. Gilmer, 1816Quoting further from the Declaration Of Independence:
"[T]hat whenever any form of government becomes destructive of these ends,
it is the right of the people to alter or to abolish it, and to institute
new government, laying its foundation on such principles, and organizing
its powers in such form, as to them shall seem most likely to effect their
safety and happiness. Prudence, indeed, will dictate that governments long
established should not be changed for light and transient causes; and
accordingly all experience hath shown that mankind are more disposed to
suffer, while evils are sufferable than to right themselves by abolishing
the forms to which they are accustomed. But when a long train of abuses and
usurpations, pursuing invariably the same object, evinces a design to
reduce them under absolute despotism, it is their right, it is their duty,
to throw off such government, and to provide new guards for their future
security."
http://members.ll.net/chiliast/pdocs/di.htmOur "inherent" rights include the right to establish the form of government
that best "effect(s) (our) safety and happiness". Our founders exercised
that right when they established our present Republic with our present
Constitution. All rights of citizenship are traceable to our "unalienable"
right to "institute new government, laying its foundation on such
principles, and organizing its powers in such form, as to them shall seem
most likely to effect their safety and happiness."We also learn from the passage above:
1) A NATION consists of a group of people in a defined geographical area
who have instituted GOVERNMENT as a servant to guarantee (secure) their
liberties, which include civil order and national defense. The people have
the right to establish, alter, or abolish and re-establish government that
best effects their safety and happiness.GOVERNMENT, The system of polity in a state; that form of fundamental
rules and principles by which individual members of a body politic are to
regulate their social actions; a constitution, either written or unwritten,
by which the right and duties of citizens and public officers are
prescribed and defined; as a monarchical government, or a republican
government.
"Thirteen 'governments' thus founded on the natural authority of the people
alone, without the pretense of miracle or mystery, are a great point gained
in favor of the rights of mankind."
-- J. Adams [Websters 1828]NATION, A body of people inhabiting the same country, or united under the
same sovereign or government. [Websters 1828]2) When the people find themselves under "absolute despotism" it is then
"their right, it is their duty, to throw off such government, and to
provide new guards for their future security." As the founders stated,
this should not be done "for light and transient causes". The founders
exercised this unalienable and inherent right when we separated from
England. So we see that there were actually two events of great
significance in the exercising of unalienable rights that forged our new
nation - separating from despotism and then instituting government, two
unalienable rights excercised.It is noteworthy that these rights were claimed and exercised BEFORE our
written Constitution. So these rights were in fact in existence without
our Constitution.DESPOTISM, Absolute power; authority unlimited and uncontrolled by men,
constitution or laws and depending alone on the will of the prince.
[Websters 1828]In the United States the 'sovereign' power of the nation does not rest with
government as is the case in many other nations who hold that rights are
granted by government, or a government document, but the sovereignty of our
nation rests in the people:"In the United States, Sovereignty resides in the people, who act through
the organs established by the Constitution."
--Chisholm v Georgia, 2 Dall 419, 471; Penhallow v Doane's Administrators,
3 Dal 54, 93: McCullock v Maryland, 4 Wheat 316, 404, 405: Yick Yo Hopkins,
118 U.S. 356, 370:"...The Congress cannot invoke the sovereign power of the people to
override their will as thus declared."
--Perry v United States, 294 U.S. 330. 353 (1935).SOVEREIGNTY, Supreme power; supremacy; the possession of the highest power,
or of uncontrollable power. Absolute sovereignty belongs to God only.
[Websters 1828]These truths regarding our rights are also reflected in the early State
Constitutions that predate our present National Constitution.Constitution of Maryland November 3, 1776
A Declaration of Rights, and the Constitution and Form of Government agreed
to by the Delegates of Maryland, in free and full Convention assembled.A Declaration Of Rights
The parliament of Great Britain, by a declaratory act, having assumed a
right to make laws to bind the Colonies in all cases whatsoever, and, in
pursuance of such claim, endeavoured, by force of arms, to subjugate the
United Colonies to an unconditional submission to their will and power, and
having at length constrained them to declare themselves independent States,
and to ASSUME GOVERNMENT UNDER THE AUTHORITY OF THE PEOPLE; --Therefore we,
the Delegates of Maryland, in free and full Convention assembled, taking
into our most serious consideration the best means of establishing a good
Constitution in this State, for the sure foundation and more permanent
security thereof, declare, [emphasis mine]I. That all government of right originates from the people, is founded in
compact only, and instituted solely for the good of the whole.
Constitution of Massachusetts October 25, 1780
Preamble
The end of the institution, maintenance, and administration of government,
is to secure the existence of the body politic, to protect it, and to
furnish the individuals who compose it with the power of enjoying in safety
and tranquillity their natural rights, and the blessings of life: and
whenever these great objects are not obtained, the people have a right to
alter the government, and to take measures necessary for their safety,
prosperity, and happiness...............We, therefore, the people of Massachusetts, acknowledging, with
grateful hearts, the goodness of the great Legislator of the universe, in
affording us, in the course of His providence, an opportunity, deliberately
and peaceably, without fraud, violence, or surprise; of entering into an
original, explicit, and solemn compact with each other; and of forming a
new constitution of civil government, for ourselves and posterity, and
devoutly imploring His direction in so interesting a design, do agree upon,
ordain, and establish, the following Declaration of Rights, and Frame of
Government, as the CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTS.
A Declaration Of The Rights Of The Inhabitants Of The Commonwealth Of
MassachusettsARTICLE I. All men are born free and equal, and have certain natural,
essential, and unalienable rights; among which may be reckoned the right of
enjoying and defending their lives and liberties; that of acquiring,
possessing, and protecting property; in fine, that of seeking and obtaining
their safety and happiness.
IN FINE, In the end or conclusion; to conclude; to sum up all. [Websters
1828]Constitution of New Hampshire - June 2, 1784
Part I. - The Bill Of Rights
Article I
All men are born equally free and independent; therefore, all government of
right originates from the people, is founded in consent, and instituted for
the general good.II. All men have certain natural, essential, and inherent rights. among
which are - the enjoying and defending life and liberty - acquiring,
possessing and protecting property - and in a word, of seeking and
obtaining happiness.Constitution of Vermont - July 8, 1777
WHEREAS, all government ought to be instituted and supported, for the
security and protection of the community, as such, and to enable the
individuals who compose it, to enjoy their natural rights, and the other
blessings which the Author of existence has bestowed upon man; and whenever
those great ends of government are not obtained, the people have a right,
by common consent, to change it, and take such measures as to them may
appear necessary to promote their safety and happiness......
A Declaration Of The Rights Of The Inhabitants Of The State Of Vermont
I. THAT all men are born equally free and independent, and have certain
natural, inherent and unalienable rights, amongst which are the enjoying
and defending life and liberty; acquiring, possessing and protecting
property, and pursuing and obtaining happiness and safety.
The Pennsylvania Constitution of 1776
Whereas all government ought to be instituted and supported for the
security and protection of the community as such, and to enable the
individuals who compose it to enjoy their natural rights, and the other
blessings which the Author of existence has bestowed upon man; and whenever
these great ends of government are not obtained, the people have a right,
by common consent to change it, and take such measures as to them may
appear necessary to promote their safety and happiness....A Declaration of the Rights of the Inhabitants of the State of Pennsylvania
I. That all men are born equally free and independent, and have certain
natural, inherent and unalienable rights, amongst which are, the enjoying
and defending life and liberty, acquiring, possessing and protecting
property, and pursuing and obtaining happiness and safety.Other early writings also confirm these principles.
The Virginia Declaration of Rights
"That all men are by nature equally free and independent, and have certain
inherent rights, of which, when they enter into a state of society, they
cannot, by any compact, deprive or divest their posterity; namely, the
enjoyment of life and liberty, with the means of acquiring and possessing
property, and pursuing and obtaining happiness and safety."That all power is vested in, and consequently derived from, the people;
that magistrates are their trustees and servants, and at all times amenable
to them."That government is, or ought to be, instituted for the common benefit,
protection, and security of the people, nation or community; of all the
various modes and forms of government that is best, which is capable of
producing the greatest degree of happiness and safety and is most
effectually secured against the danger of maladministration; and that,
whenever any government shall be found inadequate or contrary to these
purposes, a majority of the community hath an indubitable, unalienable, and
indefeasible right to reform, alter or abolish it, in such manner as shall
be judged most conducive to the public weal. "INDUBITABLE, Not to be doubted; unquestionable; evident, apparently
certain; too plain to admit of doubt. [Websters 1828]INDEFEASIBLE, Not to be defeated; that cannot be made void. [Websters 1828]
WEAL, A sound state of a person or thing; a state which is prosperous, or
at least not unfortunate, not declining; prosperity; happiness. [Websters
1828]So we learn that our rights are, in the words of those who founded or
helped to found this nation, a gift of our Creator, not to be doubted, or
defeated, cannot be made void, cannot be disjoined, they are inherent,
unalienable, inalienable, indubitable and indefeasible. They are yours.
Self Study Questions For Review
* These study guide suggestions are included especially for the benefit of
homeschooling students who may be using this course as a part of their
Civics study for high school credit.Define:
1- disjoin
2- self-evident
3- inherent
4- unalienable/inalienable
5- despotism
6- nation
7- indubitable
8- indefeasible
9- in fine
10- sovereignty
1) From where do our rights originate?
2) What should be the purpose of our government?
3) Explain how our rights are inherent.
4) What do our inherent rights include?
5) What is the right and duty of the people when they find themselves under
"absolute despotism"?
6) With whom does the sovereign power of the United States rest?
7) In whom does "absolute sovereignty" rest?
8) What two unalienable rights were excercised BEFORE our written
Constitution?
[Please do not return the answers to these questions, they are for
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