Origin & Development of the US Constitution Module 1.1: The Natural Rights Argument

Lesson Objectives Review the political claims of Machiavelli, Hobbes, and Locke Identify the principles of the Declaration of Independence Describe at least one consequence of the Natural Rights Argument

The Story So Far… Niccolo Machiavelli ( ) –Politics inevitably deals with necessity –No man rules but is ruled by need –We are all equally self-interested –Men cannot to be trusted to be anything by selfish –Statecraft requires anticipating necessity –One must manipulate appearances to preserve one’s state

The Story So Far… Thomas Hobbes ( ) –Human beings alike in their nature Human nature best seen in the absence of society self-interested State of Nature so bad, so dangerous that we must leave it to form societies –Societies depend on a social contract among its members –Terms of Hobbes’ social contract: exchange rights for security –Sovereigns established by societies to enforce the social contract –Sovereigns superior in power to subjects –Sovereigns limited by the needs of the social contract –Sovereigns may be replaced when they fail to enforce the social contract.

The Story So Far… John Locke ( ) –Human beings are alike in their nature Every man a sovereign in the State of Nature State of Nature insecure –Societies depend on a social contract under Natural Law –Terms of Locke’s Social Contract: share executive power over the Law of Nature to secure life liberty & property –Civil Government established to enforce Natural Law where individuals cannot –Civil Sovereigns equal to subjects –Civil Government limited by Law of Nature and Social Contract –Civil Government may be replaced if they violate either of these –New Civil governments require consent for legitimacy

Thomas Jefferson ( ) Virginia statesman, political thinker, scientist, horticulturist and inventor Interpretation of human nature central to the American Founding Strongly influenced by John Locke’s Second Treatise of Government Author of the Declaration of Independence Founder of the University of Virginia

Jefferson and Human Nature Human nature a result of the “Laws of Nature and of Nature’s God” All men are created equal –They are endowed by their Creator with inherent and inalienable rights Among these are life, liberty and the pursuit of happiness Emphasizes law of nature and inalienability of rights For Jefferson, rights are not products of society, but are a part of human nature (Similar to Locke’s State of Nature argument, isn’t it?)

Question #1 What is the source of rights according to the Declaration of Independence? a)Government b)The Declaration of Independence c)The Constitution d)The Creator

Jefferson and Government For Jefferson, governments have only one purpose: –To secure natural rights In order to secure natural rights, a government must respect those rights even at its inception Governments depend on the consent of the governed for their legitimacy The standard of justice –Does a government secure natural rights? –Does a government recognize its dependence on the consent of the governed?

Question #2 According to the Declaration of Independence, what is the purpose of government? a)To secure the interest of the people b)To secure unalienable rights c)To secure the public order d)To secure human equality

Question #3 How can one tell that a government is a legitimate authority? a)When its powers are derived from the consent of the governed b)When its powers are derived from necessity c)When it effectively exercises its powers over the governed d)When it does not abuse the power granted to it

A Fourth Natural Right The right of the people to alter or abolish government –Whenever any form of government is destructive of the security of natural rights Governments are instruments of sovereignty, but are not themselves sovereigns The people are the sovereign, not any government

Limits to the Fourth Natural Right Prudence –Governments long established should not be changed for light and transient causes Experience –Shows that mankind are more disposed to suffer while evils are sufferable than to right themselves These limits do not mean that abuses by governments are right or just—only that they are tolerable…for now.

Question #5 What limits the ability of the people to exercise their right of revolution in the Declaration of Independence? a)Necessity b)The public good c)Prudence d)Force

Question #6 According to Thomas Jefferson, what lessons are drawn from experience in the Declaration of Independence? a)people are more likely to suffer tolerable evils than correct them outright b)people are more likely to revolt when government fails to secure unalienable rights c)people are more likely to consent to abusive governments if they themselves benefit d)people are more likely to revolt if they are taxed without having representation

The Fourth Natural Right as Duty When a long train of abuses and usurpations demonstrates a design to exercise despotic power Remember despotic power in Aristotle? –The power of master over slave So, when government seeks to enslave the governed, it is the duty of the governed to overthrow government

Question #7 Do you think Jefferson believed that we are all equal in our natural rights? a)Yes b)No

Question #8 According to the Declaration of Independence, when do the people have the right to overthrow one government and establish another? a)whenever any form of government fails to secure the interest of the people b)whenever any form of government becomes destructive of the security of unalienable rights c)whenever any form of government fails to protect citizens d)whenever any form of government becomes destructive of self-evident truths.

Wait a minute… Wasn’t Jefferson a Virginia slave owner? How can Jefferson claim that natural rights are violated when government tries to make slaves of the governed when he himself governs slaves? Was Jefferson entailed? Descendants of Sally Hemings

Jefferson on Slavery Lists the institution of slavery as a system of crimes committed by the King of Great Britain –The king violates natural rights by establishing slavery –The king violates natural rights by opposing the abolition of slavery –The king violates the natural rights both of slaves and slaveholders Elsewhere on slavery –“I tremble for my country when I think that God is just…God’s Justice cannot sleep forever” He has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery into another hemisphere, or to incur miserable death in their transportation hither. This piratical warfare, the opprobrium of INFIDEL powers, is the warfare of the CHRISTIAN king of Great Britain. Determined to keep open a market where MEN should be bought and sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce. And that this assemblage of horrors might want no fact of distinguished die, he is now exciting those very people to rise in arms among us, and to purchase that liberty of which he has deprived them, by murdering the people on whom he also obtruded them: thus paying off former crimes against the LIBERTIES of one people, with crimes which he urges them to commit against the LIVES of another.

Question #9 Based on Jefferson’s original draft of the Declaration of Independence, what is slavery? a)a positive good b)a necessary evil c)a crime of the king d)an unalienable right

Major Themes of the Declaration of Independence Among these rights: Life Liberty Pursuit of happiness Self evident truths Human equality Natural rights Purpose of gov’t Measure of Justice Right of revolution Limits to the right of revolution To secure rights Consent of the governed Whenever any form of gov’t is destructive of the security of natural rights Prudence: Long-established gov’ts shouldn’t be overthrown for “light and transient causes” Experience: Men are more disposed to suffer while evils are sufferable than to right themselves All men are created equal We hold these truths to be self-evident They are endowed by their Creator with certain unalienable rights

Activity On a sheet of paper, describe one implication of Jefferson’s claim in the Declaration of Independence Place this sheet in a container Draw a sheet from the container as you receive it. Explain the answer on the sheet.