The Declaration of Independence of July 4, 1776, embraces two value sets. The first is natural rights, and the second is limited government. After 250 years, neither value has survived, and the opposite of each currently prevails in America.
Thomas Jefferson drafted the Declaration in three days while staying at a rooming house in Philadelphia. He had been greatly influenced by the British philosopher John Locke. Locke is the godfather of the theory of natural rights, which he extrapolated from the natural law teachings of Aristotle, Augustine and Aquinas.
Aristotle (384-322 B.C.) did not argue that humans have inherent natural rights, but rather that the concept of justice demanded by human nature should be “naturally just” when addressing claims for protection of persons and property, whether those protections were legislated or not. The “whether legislated or not” is the first known articulation of a higher civil law, higher than the government’s own laws.
St. Augustine (354-430 A.D.) also did not define explicitly the existence of natural rights, but he did argue that norms of human behavior are knowable from the exercise of reason aided by revelation. He is the seminal thinker to express the view that right and wrong is knowable to all persons, whether legislated or not; and this knowledge — because it is common to all — is itself a higher law. He called this universal knowledge the natural law.
St. Thomas Aquinas (1225-1274 A.D.) did not articulate natural rights, but he did proceed deep into the ideas of Aristotle and Augustine and taught that all human beings possess innate moral claims and innate moral obligations to honor the moral claims of other persons; and these claims and obligations are knowable by the exercise of reason.
John Locke (1632-1704), whose writings Jefferson read at the College of William and Mary, and which James Madison read at Princeton, drew upon all three philosophers to argue that Aquinas’ moral natural law claims are really natural rights, and these, too, just like knowing right from wrong, are inherent in our humanity and are superior to the government.
Hellbound and Down 