Donald Conkey’s e-Newsletter - Volume 1 - No. 5 - July 1, 2002

"Constitutional Observations"©

My effort to inform interested Americans..

On the Origin and History of the U.S. Constitution and its 28 Principles of Freedom

Happy Birthday America - its your 226th Anniversary!

July Issue: The unalienable rights of life, liberty, and the pursuit of happiness

July’s 2 Questions: # 1. What is an ‘unalienable right?’ that Jefferson refers to in the Declaration of Independence?

Answer. From William Blackstone’s ‘Commentaries on the Laws of England we learn unalienable rights are: "Those rights, then, which God and nature have established, and are therefore called natural rights, such as are life and liberty, [and] need not the aid of human laws to be more effectually invested in every man than they are; neither do they receive any additional strength when declared by the municipal laws to be inviolable. On the contrary, no human legislation has power to abridge or destroy them, unless the owner shall himself commit some act that amounts to a forfeiture." (Page 93)

# 2: What are the "unalienable rights" we consider essential for a democratic republic?

Answer: Blackstone named the 3 greatest Natural Rights as: 1. the right of personal security; 2. the right of personal liberty; and 3. the right of private property. Skousen, in his book "The Five-Thousand Year Leap" named a total of 22, including Blackstone’s initial three, that the Founding Fathers knew about but did not mention in the Declaration of Independence. Skousen’s list of 22 include: 1. The right of self government; 2. The right to bear arms for self defense; 3. The right to own, develop, and dispose of property; 4. The right to make personal choices; 5. The right of free conscience; 6. The right to choose a profession; 7. The right to choose a mate; 8. The right to beget one’s kind; 9. The right to assemble; 10. The right to petition; 11. The right to free speech; 12. The right to a free press; 13. The right to enjoy the fruits of one’s labor; 14. The right to improve one’s position through barter and sale; 15. The right to contrive and invent; 16. The right to explore the natural resources of the earth; 17. The right of privacy; 18. The right to provide personal security; 19. The right to provide nature’s necessities - air, food, water, clothing, and shelter; 20. The right to a fair trial; 21. The right of free association; 22. The right to contract.

There are two kinds of rights: ‘unalienable rights’ and ‘vested rights.’ The difference is: with unalienable rights we, as individuals can forfeit these rights, but no one else can take these rights from us without being subject to God’s justice; ‘vested rights’ are created by the community, state or nation for our protection or well being of that community and can be changed any time the local lawmakers feel like it. A major distinction.

This was the situation the Founding Fathers were facing at the time they drafted, then adopted the Declaration of Independence on July 4, 1776, by voice vote.

There is little doubt that the spirit of freedom was swirling around in America in 1776. It was also swirling around in other parts of the world. In March of 1776, just four months before the Declaration of Independence was drafted, adopted, and signed, Adam Smith published in Great Britain his great masterpiece on economic prosperity, popularly known as the "Wealth of Nations" but which carried the full title of "An Inquiry into the Nature and Causes of the Wealth of Nations." It was acclaimed immediately by leaders on both sides of the Atlantic.

This book, ironically, was the first book published on political economy. It discussed for the first time the relationship between economic freedom and order, and showed how people make money by producing things other people were willing to buy. This sounds so basic to us today, living in a nation whose freedoms are tied to the free-market principles outlined by Adam Smith. These principles include such basics as the 1. freedom to try; 2. the freedom to buy; 3. the freedom to sell; and 4. the freedom to fail. America was the first nation to practice the free-market principles Smith wrote about in his book.

Was it happenstance that Adam’s book, Wealth of Nations, and America’s Declaration of Independence came along in the same year? Not likely! It is likely the same divine spirit that encouraged the Founding Fathers was also resting on Adam Smith. Smith’s book needed a free nation to try his principles of wealth, America needed the ideas proposed by Smith to bring prosperity to its shores. The timing was right for the ideas of both Smith and America’s drive to become free.

A Quote for July: This quote comes from John Locke’s ‘Second Essay Concerning Civil Government.’ Said Locke: "The state of Nature has a law of Nature to govern it, which .... teaches all mankind who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty or possessions; for men being all the workmanship of one omnipotent and infinitely wise maker; all the servants of one sovereign master, sent into the world by His order and about His business; they are His property. And, being furnished with like faculties, sharing all in one community of Nature, there cannot be supposed and subordination among us that may authorize us to destroy one another." (John Locke was well read by the Founding Fathers.)

If you find this e-newsletter informative please pass it on to your family and friends. In this way we help educate one another on the origin and history of our Constitution. DSC - NCCS (National Center for Constitutional Studies) web site for best books on America’s freedoms - www.nccs.net - or call 800-388-4512 -  Remember "America is One Nation Under God"



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