The Origin of Human Rights

In the beginning, all of humankind was endowed by our Creator with certain unalienable Rights. Among these are Life, Liberty, and the pursuit of Happiness. These crucial words, which hold a key position in our Declaration of Independence, are often repeated, and even more often overlooked. The notion commonly highlighted in public grade schools, university courses, and the all-divulging History Channel, is that this is the document that gives and defines what rights we have as human beings. There are two vital concepts that are often not acknowledged. These concepts are those which we as Conservatives believe to be some of the most important. 

The signers, who wrote and signed the Declaration of Independence, were clear in their belief that there were antecedent principles, fundamental rights that do not depend on the will of the people or the will of any government. Essential rights such as Life, Liberty, and the Pursuit of Happiness were bestowed upon us by our Creator and Sustainer rather than an elected or presiding ruler. The framers of the Constitution, and even more precisely the Bill of Rights, were not establishing our rights or “giving” us our rights as some world views may present. Rather, they were documenting the restrictions that the government is to be held to as given by the will of the people who elect them. 

As Conservatives, we believe that God-given rights like Life, Liberty, and the Pursuit of Happiness are important. But we also believe that there are also several other antecedent rights that have existed prior to the creation of the United States Constitution. The signers explicitly stated that “[Americans] are endowed by their Creator with certain Inalienable Rights that among these are Life, Liberty and the Pursuit of Happiness.” It is no minor matter that the framers used the phrase “among these.” They did not believe that our God-given rights are exclusively those listed; but rather, they believed that those were only a sample of the several other rights which only our divine Creator can bequeath. These rights existed without the consent of either the Constitution or those who created it. 

The concept of the existence of antecedent rights was central in the minds of the framers. They understood the threat of the notion that a government is entitled to distribute rights in place of a Creator. The framers even went as far as to exclude the Bill of Rights from the first draft of the Constitution. Later, when the Bill of Rights was added, the 9th amendment was also put into play. The 9th amendment rejects the view that the Constitution enumerates all the rights of individuals as against the federal government. The 9th amendment states clearly that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This section of the text proves that the framers believed that it is not the government that assigns us our rights. Rather it is God, and God alone, who is able to give and take away any rights. 

The words of these documents serve as the basis for the tried and true Conservative belief that we cannot have more government control and maintain our freedom simultaneously. This is a tested trade off that must not be forgotten lest we slip into the hands of an over-controlling government. We have seen examples of this in our life time in countries like Cuba, Venezuela, and Iran. We have a perfect historical example of a people who recognized this balance and took their country back in 1776. To be true to where we come from, and ensure that our destination is promising, we must be sure to protect the manuscripts in which our freedom is documented. We must sustain the words of our Founding Fathers with strict interpretation that is both unchanging and applicable. 

Part of preserving our Constitution is applying its restraints and provisions to every law that is passed through state and federal legislation. For example, using a purely Conservative interpretation of the Constitution, one may infer that Roe v. Wade is not unconstitutional simply on the grounds that it takes away the God-granted right of Life. But instead because the new “right” that is created by Roe v. Wade upsets the delicate constitutional balance. From a Conservative perspective, only the preservation of this constitutional balance would justify a court conjuring a new constitutional right. Doing otherwise violates the premise that the Constitution puts in place a balance of powers and rights that the courts should respect and conserve. 

A result in this lack of balance is displayed in the current reality that we face in the debacle of nominating Supreme Court Justices. Rather than nominating Justices who are suited to interpret the Constitution strictly and justly, judges are being chosen based on their views on abortion. If Roe v. Wade had not been passed, and the courts upheld the right of the states, as mandated by the Constitution, to legislate on the legality of abortion, the balance would not be disrupted. Instead, the debate would now be handled by state legislators, vying to vote to represent the people by whom they were elected. 

Real Conservative judges are those who allow their interpretation of the Constitution to reflect their world view rather than allowing their world view to reflect their interpretation of the Constitution. They do not legislate from the bench;  rather, they allow the politicians in the legislature to have political debates over political issues in a political forum as consensually elected by the people. 

The principles and ideas of our Founding documents are exactly what modern day Conservatives seek to conserve. When it comes down to it, Conservatism isn’t about twisting history to suit our personal needs or desires. It’s not about making money or trying to conquer the world. Instead, we seek only to interpret the documents on which our country was based in the way that they were intended to be interpreted. It is with this passion and purpose that we will continue to sustain the freedom and excellence of this greatest nation on God’s green earth. 

• Conservatism In A Nutshell: Introduction
• Conservatism In A Nutshell: Part 1
• Conservatism In A Nutshell: Part 3