"Constitutional Observations"
©My effort to inform interested Americans...
New Web Site: www.cacp.infoOn the Origin and History of the U.S. Constitution and its 28 Principles of Freedom
This month’s issue: The term "Nature’s Law," used by Jefferson in the Declaration of Independence.
Question # 1: What is the meaning of this term, and Question # 2: Where did this term "Natural Law" come from?
Editor’s Note: Last month this term was discussed in relation to "Principles of Responsibilities." Many asked where this term came from, and what does it mean?
Answer: Skousen, in "The Five Thousand Year Leap," states: "Most modern Americans have never studied Natural Law. They are thus mystified by the constant reference to Natural Law by the Founding Fathers (FF’s). Blackstone confirmed the wisdom of the FF’s that it is the only basis for a stable society and system of justice." The FF’s found their answer to this question in the writings of Cicero (106 - 43 BC - co-emperor with Mark Antony until assassinated), the expositor of Natural Law. Cicero was able to cut through the political astigmatism and philosophical errors of both Plato and Aristotle to discover the touchstone for good laws, sound government, and the long-range formula for happy human-relations. Cicero’s books "The Republic" and "The Law" were high on the FF’s list of great books. In these books Cicero projected the grandeur and promise of some future society based on Natural Law. Jefferson picked up on this term and used it in his writings. ..<<>>..
To Cicero, the building of a society on the principles of Natural Law was nothing more nor less than recognizing and identifying the rules of "right conduct" with the laws of the Supreme Creator of the universe. To Cicero, the Creator’s order of things is called Natural Law. ..<<>>..
A fundamental presupposition of Natural Law is that man’s reasoning power is a special dispensation of the Creator and is closely akin to the rational or reasoning power of the Creator himself. In other words, man shares with his Creator this quality of utilizing a rational approach to solving problems, and the reasoning of the mind will generally lead to common-sense conclusions - and so for Jefferson "the laws of Nature and of Nature’s God." Cicero defined Natural Law as "true law," which, said Cicero "is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrongdoing by its prohibitions ... and there will be one master and ruler, that is God, over us all, for he is the author of this law." ... "It is a sin to try to alter this law, nor is it allowable to repeal any part of it ... we cannot be freed from it by senate or people" ... "In Natural Law we are dealing with factors of absolute reality. It is basic in its principles, comprehensible to the human mind, and totally correct and morally right in it general operation." To the FF’s, as well as to Blackstone, John Locke, Montesquieu, and Cicero this was a monumental discovery. ..<<>>..
Other ideas the FF’s found in Cicero’s books included "the first common possession of man and God is reason." "But those who have reason in common must also have right reason in common. And since right reason is Law, we must believe that men have Law also in common with the gods. Further, those who share Law must also share Justice; and those who share these are to be regarded of the same commonwealth." Without being Christian or Jew Cicero had a good grasp of the principles of Christianity - love and justice. ..<<>>..
The FF’s embraced the obvious necessity of building a highly moral and virtuous society. They wanted to lift mankind from the common depravity and chicanery of past civilizations, and to lay the foundation for a new kind of civilization built on freedom for the individual and prosperity for the whole commonwealth, built on the foundation of Natural Law - God’s universal Laws. ..<<>>..
Many Americans are surprised to learn how much of their Constitution is built on the principles of Natural Law. Examples of these principles include: 1. "Unalienable Rights" 2. Unalienable Duties; 3. Habeas Corpus; 4. Limited Government; 5. Separation of Powers; 6. Checks and Balances; 7. Self Preservation; 8. The right to Contract; 9. Laws protecting the Family and the institution of Marriage are all based on Natural Law; 10.The right to Bear Arms is based on Natural Law, and 11. The principle of No Taxation Without Representation is based on Natural Law.
These few examples illustrate how extensively the entire American constitutional system is grounded in Natural Law. Natural Law is the very foundation and encompassing framework for everything we Americans have come to call "People’s Law." .<<>>..
These are the principles Jefferson wrote about when he penned in the Declaration of Independence "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are Life, Liberty and the Pursuit of Happiness." ..<<>>..
With this clarification we see clearly where America must return to - rights without responsibility to one’s creator will lead America down the same slippery slid into oblivion as did Hitler, Stalin, Saddam Hussein and many other dictators throughout history. ..<<>>..
The FF’s dug deep into the writing of many, discarding those that didn’t fit their mission, including Plato and Aristotle, and clung to the principles of Nature’s Law. A full 34% of the recovered notes they used to craft the Constitution came from the Bible - a huge percent of references to come from one source. They found in it what James referred to as "the perfect law of liberty." 1:22
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