As a lawyer, I both teach Constitutional Law and argue matters which arise under the U.S. Constitution.
These cases involve phrases like “right to free speech,” “free exercise of religion,” “due process” and “equal protection under the law.”
The above quotes are in our U.S. Constitution — but where do those rights actually come from?
At a public hearing on Wednesday, September 3, Senator Kaine of Virginia criticized a Trump appointee for stating such American rights were God-given.
Citing a divine source for American rights was “deeply troubling,” he said, the kind of kooky thinking associated with theocratic regimes, such as Iran.
Instead, these freedoms come from “our governments.”
Senator Kaine’s opinions are not unusual in today’s secular age. Claiming that rights come from God is archaic and anti-progressive.
But that’s exactly what the Founding Fathers believed. Thomas Jefferson’s Declaration of Independence states it best:
“We hold these truths to be self-evident that all men are created equal, that they are endowed by their Creator with certain unalienable rights, among these are Life, Liberty and the Pursuit of Happiness.”
The Second Inaugural Address of Abraham Lincoln also cited divine right in explaining the American Civil War:
“With malice toward none; with charity for all; with firmness in the right as God gives us to see the right; let us finish the work we are in.”
The American principle of God-given rights contrasted sharply in its day with the French Revolution which rejected religion and defined itself by the concept of reason.
Guess which government has lasted longer?
Anyway, I give grace to Senator Kaine who is a good man trying to satisfy partisan activists — but make no mistake, the rights asserted in the founding of America did not come from “government.”
They were much more important than that.
JCP Notes: I had two arguments on Thursday, August 28, before the Virginia Supreme Court. One was appealing a jury verdict against a client; the other was our appeal of VDOT’s refusal to follow the “direct payment” law under Va. Code 25.1-247.1 in condemnation cases.
Friday, September 5th was my first day teaching my “Evidence” class to students with Sogang University in Seoul, Korea. (I teach the class remotely on Friday night, which is Saturday morning in Seoul). I was very nervous — but the first class went great. Very excited to be working with bright young people seeking to become international lawyers.
Enjoy the beautiful fall weather.