Natural Rights
Thomas Allen
What are natural rights? According to natural rights doctrine, the rights of a free people come from the laws of nature, which God has ordained. Unlike what many people claim or seem to believe, natural rights do not come from governments, i.e., states.
Nevertheless, much disagreement exists about natural rights. One ethnicity’s concept of natural rights often differs from another’s concept. The natural rights of a Christian, even a nominal Christian, country differ from those of a Muslim, Jewish, or Hindu country. Europeans, South Asians, East Asians, American Indians, and Africans have different concepts of natural rights — if they have any concept of natural rights at all.
Still, most people consider natural rights to be life, liberty, and property, plus the right and means to support and defend them. However, much disagreement occurs about liberty, property, and their protection.
Except for warmongers, proponents of abortion, and advocates of genocide, most people consider the right to life a natural right — at least for members of their ethnicity.
Before 1861, most Americans considered freedom of speech, religion, association, and assembly to be among the natural rights of liberty they were to enjoy. (The natural right of liberty did not include libertinism, public immorality, sexual perversion, and trespass against other persons or their property. Today, however, these are the natural rights of liberty, and traditional pre-1861 liberties are not.)
Many other societies do not consider these liberties to be natural rights. Today, in America, many of these liberties are being suppressed. Freedom of association died with the advent of the Civil Rights Era.
Further, much disagreement exists over the right to own property and to use it as the owner desires, provided he does not trespass against another. This was the commonly accepted concept of property rights in the United States before 1861. This natural right is fading away. Except for some small personal items, it hardly exists in some countries. In socialist and fascist countries, the government regulates, i.e., controls the use of property — especially real property. Even in the United States, property rights are restricted via excessive taxation, zoning, and other laws that restrict the use of property, and the like. Moreover, while some, like the founding fathers, consider collective property, such as race, ethnicity, culture, and heritage, worthy of protection, others, like progressives and libertarians, do not. In America today, the latter now prevails over the former.
Many people consider the freedom from want to be a natural right. Where freedom from want is considered a natural right, the ownership of property is not a natural right. Freedom from want depends on forcibly taking property from people who have earned it and giving it to people who have not earned it.
Also, people dispute over the appropriate means to defend the natural rights of life, liberty, and property. Does an individual have the right to defend his life, liberty, and property with deadly force? Although some jurisdictions allow the use of deadly force by an individual to defend life, others do not. Rare is a jurisdiction that allows an individual to use deadly force to defend property, and even rarer is one that allows a person to use deadly force to defend liberty. Instead, most, if not all, societies depend on governments to defend the natural rights of the people. Yet, governments, especially those that have morphed into states, are the greatest enemy of natural rights.
The United States were founded on the concept of the natural rights to life, liberty, and property and their protection. This concept of natural rights was the foundation of the constitutions of the several States, the Articles of Confederation, and the Constitution of 1787. Moreover, the concept that sovereignty rests in the people of each State was another foundation of these constitutions.
People are not free because, at any particular moment, their government is not violating their rights. They are free if they force their government to live within the bounds of the constitution that establishes it — such a constitution being approved by the body politic, i.e., the people who wield political power in the territory under that constitution.
Today, Americans are not free because the federal government ignores most of the bounds of the Constitution that establishes it. Likewise, the State governments operate beyond the bounds of their constitutions. And the people let their governments violate the laws under which they are supposed to operate — mostly because the oligarchs, who control the federal government, have bought them with their (the people’s, i.e., the taxpayers’) money. To a lesser extent, State governments have acted likewise.
Unlike the federal government, which has strictly delegated powers beyond which it is not supposed to exceed, State constitutions grant their governments the authority to legislate on all matters where they are silent. Further, State governments are not to trespass against any restrictions that their constitutions place on them. Thus, all powers not expressly delegated to the federal government are denied, while State governments have all the powers not denied.
Free people do not allow their governments to go beyond the limits of their constitutions. Therefore, Americans are not free because their federal and State governments act beyond these limits. Moreover, much of the rest of the world is not free because their governments exceed their constitutional limits. The exceptions are countries like North Korea and China, which were not free to start with because the ruling oligarchs set no limits on governmental power, and, therefore, they can never exceed their limits.
Unless the people rise and enforce their constitutions, they will continue to live in tyranny, i.e., live under an unlawful, arbitrary, and unrestrained government. To free their people, the States need to oppose the federal government and beat it back into the bounds of the Constitution. Similarly, the people of each State need to rise and force their State back into its constitutional bounds.
To force the federal government to return to its proper bounds, a powerful weapon that the States may use is to cease cooperating with the federal government in enforcing unconstitutional federal laws. However, to do this, the States would have to give up the bribe money that the federal government pays them. Probably, all States lack the fortitude and integrity to do this.
Nullification is another weapon that States may use. However, to be effective, the States need to arrest and jail any federal agent trying to enforce the nullified law. Again, probably all States lack the fortitude and integrity to do this.
Being sovereign, the people have the duty to force both the federal government and their State governments to operate within the bounds of their constitutions — with arms if necessary — hence, the reason for the Second Amendment of the US Constitution and similar clauses in their State constitutions.
Copyright © 2025 by Thomas Coley Allen.
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