Natural Law and The Constitution
by Bruce Bowers on April 4, 2011 at 7:49 PM
I have noticed that a lot of people, most notably our elected politicians need to be reminded of where our Constitutional rights came from. I am reposting this slightly edited article that I wrote in Dec. 2009 as a brief reminder to us, and to them. Enjoy my fellow Patriots.
While trolling about multiple websites, blogs and magazines as well as television and radio, I have noticed that many believe that our individual rights come from our wonderful Constitution. And, in a sense, they are indeed correct. Except for the fact that Constitution does not give us the rights we enjoy.
Our Constitution guarantees our rights as given to us by God himself, not from the writers of the constitution. Natural Law was used as a component in the United States Declaration of Independence and the Constitution of the United States.
Lex Naturalis or Natural law or the law of nature is a theory that puts forth the existence of a law that is set by nature and that therefore has validity everywhere. Natural law is often and can be opposed to the positive law, the man-made laws of a society, or nation, and can be a standard with which to criticize those laws.
Natural law theories have had a huge influence on the development of English common law, and therefore were also important influences in the philosophies of:
- Thomas Aquinas (Italian Roman Catholic Dominican Priest 1225-1274),
- Francisco Suárez (Spanish Roman Catholic Jesuit Priest 1548-1617),
- Richard Hooker (English Theologian 1554- 1600),
- Thomas Hobbes (English philosopher 1588 –1679, His 1651 book Leviathan established the foundation for most of Western political philosophy),
- Hugo Grotius (Dutch Republic Jurist 1583 –1645, he laid the foundations for international law, based on natural law),
- Samuel von Pufendorf (German Jurist 1632 – 1694 PLEASE LOOK HIM UP),
- John Locke (English Physician and Philosopher 1632 – 1704, one of the most influential of Enlightenment thinkers, his contributions to classical republicanism and liberal theory are reflected in the American Declaration of Independence. PLEASE READ HIS, TWO TREATISES OF GOVERNMENT,
- Emmerich de Vattel (Swiss philosopher, diplomat, and legal expert 1714 –1767) his theories laid the foundation of modern international law and political philosophy.
I see this argument most often used in regards to the right of self-defense and the 2nd Amendment. The right of self-defense is the most basic right in all of nature. Regardless of whether or not the government “allows” oneself to carry arms, it is basic human and natural instinct to defend life, liberty and property. Go hiking in the mountains and encroach upon a mother bear and her cubs. She will perform for you this basic law of self-protection without waiting to ask a lawyer or politician about it. How is it that many Western nations and a number of American states not only do not recognize this but outlaw a person's right to self-defense?
When those in the media or government tell you we no longer have the need or right to keep and bear arms because society has now reached a state making it unnecessary, think of the mother bear. And it is not only in the mountains where you may meet with the barbarism of nature. Right in our sophisticated urban areas, and in small quiet townships, you can meet nature at its absolute most barbaric. Try just south of the US border in a drug cartel control area and see if you keep your head. A true state of peace and contentment?
Natural Law is what the Constitution of The United States guarantees to you. Remember this when you vote. Remember it when speaking to liberals who think that we 2nd Amendment believers are cavemen. Remind them that an unarmed person is a peasant and an armed person is a citizen. The 2nd amendment is the guarantor of all the other rights in our land. Protect it.