Chapter 1
The American Philosophy
The American creed is simple.
âWe 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.â
Our founding fathers pledged their lives, their duty, and their sacred honor to these principles. So did the soldiers who fell at Gettysburg, the civil rights heroes who stood for their fulfillment, the men and women who brought freedom to billions across the globe. The Declarationâs ringing endorsement of equality, individual rights, and democracy has lost none of its power, despite being the subject of clichĂŠ, or despite deliberate misinterpretation.
The words of the Declaration of Independence still represent a singular, bedrock viewpoint. More than that, the theme of the Declaration represents a continuous through-line in American thinking. Ex-slave and second founding father Frederick Douglass found in the Declaration of Independence the halcyon call to freedomâDouglass endorsed its âgreat principles of political freedom and natural justiceââand a brutal rebuke to the toleration of slavery in the United States.1 Abraham Lincoln saw in the Declaration of Independence the philosophical axis mundi of the United States:
Martin Luther King Jr., more than a century later, saw in the Declaration of Independence a promissory note yet to be fulfilled. From the steps of the Lincoln Memorialâthe site built to honor the president who died in his own attempt to fulfill the words of the DeclarationâKing called for the completion of that task. âThis [promissory] note was a promise that all men, yes, black men as well as white men, would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness,â King thundered. âI have a dream that one day this nation will rise up and live out the true meaning of its creed, âWe hold these truths to be self-evident, that all men are created equal.ââ3
The words were not cataclysmically new, nor were they meant to be. They were meant to embody very old principlesâprinciples rooted in Greek and Roman philosophy, in Judeo-Christian values, in English tradition. As Thomas Jefferson would write in May 1825, a year before his death, the goal was to embody eternal ideals: âNot to find out new principles, or new arguments, never before thought of, not merely to say things which had never been said before; but to place before mankind the common sense of the subject, in terms so plain and firm as to command their assent, and to justify ourselves in the independent stand we are compelled to take.â The Declaration of Independence aimed at providing an âexpression of the American mind,â synthesizing âsentiments of the dayâ drawn from both contemporaneous writing as well as âelementary books of public right, as Aristotle, Cicero, Locke, Sidney . . .â4
So, what exactly was that âexpression of the American mindâ? Why does it remain relevant today?
The philosophy of the United States centers on three central principles, as articulated in the Declaration: on the reality of natural rights to life, liberty, and the pursuit of happiness that preexist government; on the equality of men before the law; and on the notion that government is instituted only to protect those preexisting rights and equality of men before the law.
The philosophy of the Declaration of Independence remains the ideological glue that unifies us. Without it, as the Civil War demonstrated, we collapse. It is a philosophy of high idealsâunreachable ideals, perhaps, but eternal ones. We abandon it at our peril.
We Have Individual, Natural Rights
The Declaration of Independence posits that rights are self-evident, and that all individuals are bestowed those rights by Nature and Natureâs God. But what are our rights, and how can we know them? Why should human beings have rights?
These questions, as we will soon see, are quite open. They stand at the center of our current political conflicts. Some suggest that rights come from government, and that government therefore has the power to remove such rights. Some suggest that rights are merely utilitarian constructsâthat rights are a handy way of thinking about âstuff other people shouldnât do to us,â but can be overridden if the concerns of the many outweigh the concerns of the few.
The founding fathers, however, based their belief in rights in the framework of natural rights. Why? Because rights that spring from human beings arenât rights at allâtheyâre privileges that may be dispensed with at any time. Rights that emanate from a higher source are indeed unalienable: they cannot be given away, taken away, or infringed upon, because they come from a source higher than power alone.
This philosophy did not spring full-blown to the minds of the founders. It had a long and rich history. The birth of natural rights came, in turn, from natural law philosophy. Natural law philosophy was rooted in two traditions that gradually fused into the belief system of the founders: Judeo-Christian morality, or Jerusalem, and Greek reason, or Athens. Judeo-Christian morality posited that human beings had inherent value; the Bibleâs ringing statement of human equality in Genesis 1:27 provided fruitful ground for the most basic rebuke of caste systems: âAnd God created man in His image; in the image of God He created him; male and female He created them.â This language served as a direct contrast to other ancient civilizations, which invested leaders alone with the image of God.5
Meanwhile, Greek philosophy suggested that what made man unique was his ability to use reason. Human beings, the Greeks believed, were not innately malleable or changeable. We were crafted by nature to use our minds; it was that capacity that separated us from the animals. Plato asserted that the purpose of the human soul was âmanaging, ruling, and deliberating.â6 Aristotle suggested that âthe work of a human being is an activity of soul in accord with reason.â7
When the key Judeo-Christian premiseâthe inherent value of mankindâwas added to the Greek belief that what made human beings different was their ability to reason, the concept of natural law was born. The philosophies of Jerusalem and Athens became the poles of Western civilization; at some times, Jerusalem reigned victorious, at other times, Athens. For centuries, Jerusalem and Athens actually pulled in the same direction. When Greek thought was revivified in the Christian West at the beginning of the second millennium, it led to an explosion in learning, particularly at universities sponsored by the Catholic Church. Famed theologian Hugh of Saint-Victor (1096â1141 CE) stated, âLearn everything, later you will see that nothing is superfluousâ8; Thomas Aquinas (1225â1274 CE) explained, âAn error concerning the [science of creation] ends as false thinking about God.â9 Religious conflict didnât tarnish the draw of natural lawâit burnished it, providing the basis for a universalism absent in religious sectarianism. No wonder Hugo Grotius, the famous philosopher and jurist, appealed to natural law in the aftermath of the barbarous Thirty Years War, and in the aftermath of the transformative Peace of Westphalia, praising the âdictate of right reason which points out that an act, according as it is or is not in conformity with rational nature, has in it a quality of moral baseness or moral necessity; and that in consequence, such an act is either forbidden or enjoined by the author of nature, God.â10
Natural law thinking led to the development of natural rights. If human beings had a nature, and if that nature was reason, then man had a right to exercise his reasonâand to exercise his will so long as he hurt no one else. As Hugo Grotius stated, âGod created man free and sui iuris [under his own dominion], so that the actions of each individual and the use of his possessions were made subject not to anotherâs will but to his own.â11
Natural rights thinking reached its apex in the writings of John Locke (1632â1704). Like Grotius, Locke believed that because human beings have the ability to reasonâbecause that is our natureâand because we all have inestimable value as creations of God, we have rights. Locke argued that in a state of nature, human beings had certain rights, rights that preexisted government. As he stated, âThe natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but to have only the law of nature for his rule.â12 So, what were manâs rights under the laws of nature? The rights to life, liberty, and property. Human beings have a right to self-defense inherent in their very survival; they have a right to liberty of thought and action so far as they do not violate the rights of others; and they have a right to the property they accrue through their labor.13 Adam Smith, widely considered the philosophical expositor of free markets, took this view as well:
Manâs nature was to reason; man was entitled to ...