Natural Rights and the Founding
The conviction that people are endowed by their Creator with rights that no government grants and none may rightly take away.
The Declaration of Independence rests the American founding on a claim about human nature: that all men are created equal and “endowed by their Creator with certain unalienable Rights,” among them life, liberty and the pursuit of happiness, and that governments are instituted to secure those rights, “deriving their just powers from the consent of the governed.” The idea drew on classical and Christian natural-law thought and on English writers, above all John Locke, who argued that people hold rights to life, liberty and property before any government exists.
Many conservatives regard these principles as the core of the American tradition. Abraham Lincoln treated the Declaration’s principle of equality as the foundation of free government and invoked it against the expansion of slavery — the cause the Republican Party was founded to advance — and Frederick Douglass appealed to the same principles against slavery itself. In the twentieth century the political philosopher Harry V. Jaffa and his students, who founded the Claremont Institute in 1979, made the Declaration central to a strand of conservatism that sees the founding as the statement of permanent principles, not merely a set of inherited customs.
Principles
- Rights come from nature and nature’s God, not from government, and belong equally to every person.
- Government exists to secure those rights and derives its just powers from the consent of the governed.
- When a government becomes destructive of those ends, the people may alter or abolish it — a right to be exercised with prudence, not “for light and transient causes.”
- Equality means equal natural rights and equal standing before the law, not equal outcomes.
Thinkers
- John Locke 1632–1704English philosopher whose Second Treatise of Government grounded rights to life, liberty and property in the law of nature and made consent the basis of legitimate government.
- Thomas Jefferson 1743–1826Principal drafter of the Declaration of Independence, which gave natural-rights philosophy its most influential American statement.
- Abraham Lincoln 1809–1865Treated the Declaration’s principle of equality as the moral foundation of the Union and invoked it against the extension of slavery.
- Harry V. Jaffa 1918–2015Political philosopher whose Crisis of the House Divided (1959) read the Lincoln–Douglas debates as a defense of natural right; his students founded the Claremont Institute.
Key texts
- Second Treatise of Government John Locke, 1689
- The Declaration of Independence Thomas Jefferson and the Continental Congress, 1776
- Crisis of the House Divided Harry V. Jaffa, 1959
Where it disagrees
- Burkean and traditionalist conservatives distrust abstract, universal rights claims, which Burke blamed for the excesses of the French Revolution, and locate liberty in inherited institutions rather than first principles; Jaffa’s long exchanges with the traditionalist M. E. Bradford over Lincoln and equality turned on this question.
- Some originalists, including Robert Bork, resisted reading the Declaration’s natural-rights principles into constitutional interpretation, holding that judges should enforce the Constitution’s text and original meaning rather than moral philosophy; Jaffa criticized that approach as a form of legal positivism.
- Post-liberal critics such as Patrick Deneen argue that Lockean individualism itself, not its betrayal, has eroded family, community and religion.
Sources
- Declaration of Independence: A Transcription · National Archives
- Locke’s Political Philosophy · Stanford Encyclopedia of Philosophy
- Natural Law Theories · Stanford Encyclopedia of Philosophy