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Declaration of Independence (1 Viewer)

Thank you Offa,

The Rebuttal is certainly intriguing. I have cut and pasted what I would assume to be the conclusion to his message.

"They have, my Lord, in their late address to the people of Great Britain, fully avowed these principles of Independence, by declaring they will pay no obedience to the laws of the Supreme Legislature; they have also pretended, that these laws were the mandates of edicts of the Ministers, not the acts of a constitutional legislative power, and have endeavoured to persuade such as they called their British Brethren, to justify the Rebellion begun in America; and from thence they expected a general convulsion in the Kingdom, and that measures to compel a submission would in this way be obstructed. These expectations failing, after they had gone too far in acts of Rebellion to hope for impunity, they were under necessity of a separation, and of involving themselves, and all over whom they had usurped authority, in the distresses and horrors of war against that power from which they revolted, and against all who continued in their subjection and fidelity to it.

Gratitude, I am sensible, is seldom to be found in a community, but so sudden a revolt from the rest of the Empire, which had incurred so immense a debt, and with which it remains burdened, for the protection and defence of the Colonies, and at their most importunate request, is an instance of ingratitude no where to be paralleled.

Suffer me, my Lord, before I close this Letter, to observe, that though the professed reason for publishing the Declaration was a decent respect to the opinions of mankind, yet the real design was to reconcile the people of America to that Independence, which always before, they had been made to believe was not [32] intended. This design has too well succeeded. The people have not observed the fallacy in reasoning from the whole to part; nor the absurdity of making the governed to be governors. From a disposition to receive willingly complaints against Rulers, facts misrepresented have passed without examining. Discerning men have concealed their sentiments, because under the present free government in America, no man may, by writing or speaking, contradict any part of this Declaration, without being deemed an enemy to his country, and exposed to the rage and fury of the populace."

 
The most overrated document in the history of the US is the Emancipation Proclamation - freeing slaves in states currently in open insurrection, entirely meaningless. Slavery continued in the Union and it had no effect in the South.
I strongly disagree with this, as do most historians. It was a crucial moment in the Civil War. As I have noted in the Civil War thread, the proclamation ended the chance of diplomatic recognition of the Confederacy by England, gave the Union moral authority around the world, and ultimately did lead the way to the freedom of African-Americans and the end of slavery as an acceptable western institution. Among the key documents both in American and world history, its importance cannot be understated.
Moral authority? Around the world? By the time the news of the Proclamation made it around the world the war would have nearly been over, and slavery was already no longer acceptable in Europe. And English recognition of the Confed was hardly a given, and even if they had the likely effect is minimal.
 
Can someone provide me with a link where someone actually called the DoI "cute"?
After meeting Jefferson in Paris, Abigail Adams is said to have "taken a fancy" to Jefferson's writing ability. Most notably the Declaration of Independence.I am sorry that I don't have a link. It was unusual for a lady to post on fantasy football websites in her day.
I have HBO too. :thumbup:
Careful Sea Bass, unless you can provide proof of a PhD in American History, sjacksonfan will have to ask you to stop talking about this subject.
I'd say that listing tidbits about American history is a little different than pulling grand fixes for the national/global economy out of one's ### and then passing it off on the internet as the "correct" way to proceed. That's just me though. Eagerly awaiting your next stellar attempt at humor using the PhD joke -sjacksonfan
 
The most overrated document in the history of the US is the Emancipation Proclamation - freeing slaves in states currently in open insurrection, entirely meaningless. Slavery continued in the Union and it had no effect in the South.
I strongly disagree with this, as do most historians. It was a crucial moment in the Civil War. As I have noted in the Civil War thread, the proclamation ended the chance of diplomatic recognition of the Confederacy by England, gave the Union moral authority around the world, and ultimately did lead the way to the freedom of African-Americans and the end of slavery as an acceptable western institution. Among the key documents both in American and world history, its importance cannot be understated.
Moral authority? Around the world? By the time the news of the Proclamation made it around the world the war would have nearly been over, and slavery was already no longer acceptable in Europe. And English recognition of the Confed was hardly a given, and even if they had the likely effect is minimal.
Wow. Hard to believe you could be so wrong in such a few words:By the time the news of the Proclamation made it around the world the war would have nearly been over, and slavery was already no longer acceptable in Europe.

Thanks to the telegraph, each new development in the Civil War was almost immediately known in England and France, the two countries I am concerned with. The Proclamation was known immediately.

And English recognition of the Confed was hardly a given

Anyone who has ever studied this issue will tell you that the Proclamation had a HUGE effect on the Confederacy failing to get recognition.

and even if they had the likely effect is minimal.

British recognition of the Confederacy would have resulted in a negotiated peace between north and south and the establishment of a new nation.

 
Can someone provide me with a link where someone actually called the DoI "cute"?
After meeting Jefferson in Paris, Abigail Adams is said to have "taken a fancy" to Jefferson's writing ability. Most notably the Declaration of Independence.I am sorry that I don't have a link. It was unusual for a lady to post on fantasy football websites in her day.
I have HBO too. :thumbup:
Careful Sea Bass, unless you can provide proof of a PhD in American History, sjacksonfan will have to ask you to stop talking about this subject.
I'd say that listing tidbits about American history is a little different than pulling grand fixes for the national/global economy out of one's ### and then passing it off on the internet as the "correct" way to proceed. That's just me though. Eagerly awaiting your next stellar attempt at humor using the PhD joke -sjacksonfan
I am sorry, did you furnish your PhD in Replies for review? Because maybe you shouldn't be posting replies otherwise. That's just me though.
 
The most overrated document in the history of the US is the Emancipation Proclamation - freeing slaves in states currently in open insurrection, entirely meaningless. Slavery continued in the Union and it had no effect in the South.
I strongly disagree with this, as do most historians. It was a crucial moment in the Civil War. As I have noted in the Civil War thread, the proclamation ended the chance of diplomatic recognition of the Confederacy by England, gave the Union moral authority around the world, and ultimately did lead the way to the freedom of African-Americans and the end of slavery as an acceptable western institution. Among the key documents both in American and world history, its importance cannot be understated.
Moral authority? Around the world? By the time the news of the Proclamation made it around the world the war would have nearly been over, and slavery was already no longer acceptable in Europe. And English recognition of the Confed was hardly a given, and even if they had the likely effect is minimal.
Wow. Hard to believe you could be so wrong in such a few words:By the time the news of the Proclamation made it around the world the war would have nearly been over, and slavery was already no longer acceptable in Europe.

Thanks to the telegraph, each new development in the Civil War was almost immediately known in England and France, the two countries I am concerned with. The Proclamation was known immediately.

And English recognition of the Confed was hardly a given

Anyone who has ever studied this issue will tell you that the Proclamation had a HUGE effect on the Confederacy failing to get recognition.

and even if they had the likely effect is minimal.

British recognition of the Confederacy would have resulted in a negotiated peace between north and south and the establishment of a new nation.
Im not going to continue to hijack the thread after this, but you said 'around the world'. Not 'around England and France'. Most people aren't mind readers. And while the telegraph was a key to communications in the Civil War, you might want to look up exactly when the transatlantic cable was actually finished.In response to your entire post: Mr. Timschochet, what you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul.

 
The most overrated document in the history of the US is the Emancipation Proclamation - freeing slaves in states currently in open insurrection, entirely meaningless. Slavery continued in the Union and it had no effect in the South.
I strongly disagree with this, as do most historians. It was a crucial moment in the Civil War. As I have noted in the Civil War thread, the proclamation ended the chance of diplomatic recognition of the Confederacy by England, gave the Union moral authority around the world, and ultimately did lead the way to the freedom of African-Americans and the end of slavery as an acceptable western institution. Among the key documents both in American and world history, its importance cannot be understated.
Moral authority? Around the world? By the time the news of the Proclamation made it around the world the war would have nearly been over, and slavery was already no longer acceptable in Europe. And English recognition of the Confed was hardly a given, and even if they had the likely effect is minimal.
Wow. Hard to believe you could be so wrong in such a few words:By the time the news of the Proclamation made it around the world the war would have nearly been over, and slavery was already no longer acceptable in Europe.

Thanks to the telegraph, each new development in the Civil War was almost immediately known in England and France, the two countries I am concerned with. The Proclamation was known immediately.

And English recognition of the Confed was hardly a given

Anyone who has ever studied this issue will tell you that the Proclamation had a HUGE effect on the Confederacy failing to get recognition.

and even if they had the likely effect is minimal.

British recognition of the Confederacy would have resulted in a negotiated peace between north and south and the establishment of a new nation.
Im not going to continue to hijack the thread after this, but you said 'around the world'. Not 'around England and France'. Most people aren't mind readers. And while the telegraph was a key to communications in the Civil War, you might want to look up exactly when the transatlantic cable was actually finished.In response to your entire post: Mr. Timschochet, what you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul.
Hello Mr. Penguin!
 
I hope this Independence Day finds you resting peacefully, Sea Bass. I miss our Red Sox/Yankees feud this time of year.

:kicksrock:

 
The troubling implications of believing our rights don't come from God

CNN anchor Chris Cuomo recently declared: "Our rights do not come from God." Then this week, Sen. Ted Cruz's assertion that "our rights don't come from man, they come from God Almighty" came under scrutiny when Meredith Shiner, a Yahoo reporter, tweeted: "Bizarre to talk about how rights are God-made and not man-made in your speech announcing a POTUS bid? When Constitution was man-made?"

I am astounded by how many people in this country (and particularly in the media) don't believe the Declaration of Independence's assertion that all men are "endowed by their Creator with certain unalienable Rights." The Declaration of Independence also refers to "The Laws of Nature and of Nature's God." Believing that our laws are God-given, and not man-made, has become something that secular liberals seem to take joy in openly mocking. As if there were something inherently funny or backwards about faith. As if there were something hollow and foolish about believing in God.

Obviously, I believe very strongly that the opposite is true.

This might sound like a pedantic point to make, but nearly all of our political discord comes down to fundamental differences in our worldviews. Two very good people can start out with two very different philosophies of life and inevitably come to two very different conclusions on a nearly innumerable amount of problems. Sometimes the consequences are profound. And that's the case here. Rejection of this foundational principle of God-given law would inexorably lead someone to come to vastly different conclusions about any number of things compared to someone like me who embraces this premise. When liberals and conservatives differ over whether or not the state has the right to usurp this or that right, dig deep enough, and you will often find the root of the disagreement lies here.

More Perspectives
I believe very strongly that our rights come from God. And I believe nearly as strongly that the implications of believing that our right to life, liberty, and the pursuit of happiness are granted by the state are potentially catastrophic. Ideas have consequences, and while some might see quibbling over such esoteric and grandiose ideas to be a waste of time, the truth is that where one comes down on such fundamental questions will likely predetermine where one comes down on a wide range of modern-day "hot-button" issues. When you consider how much of the current political debate hinges on fights about individual liberty and the size and scope of government, this makes sense.

Set aside religion and consider this: If our fundamental rights are merely granted by the state, then they can be taken away by the state. What is more, the state would have no moral compunction not to rob us of our rights. The state is not particularly moral or special or better than people. The state is people. If they don't have some larger, higher moral code that guides them, then assumptions about what constitutes the "good" are, at least to some degree, arbitrary. Absent an immutable standard, why wouldn't the law of the jungle rule? In nature, predators prey on the weak. Can we honestly convince ourselves that people are better than that? Some are, sure. But many are not.

Without an absolute law that transcends the whims of man, the very concept of "rights" metastasizes into a definition having more to do with the current and often capricious preference of the majority. Oppressed minorities have long found comfort (and, in fact, seized the moral high ground) by pointing out that there is a greater law, a universal sense of right and wrong, that transcends the will of the majority.

The majority can be wrong. The majority can be in the wrong. History is littered with examples of the folly of man-made law, of man-made injustice. (This is not to say people haven't done terrible things in the name of God — they have!)

Consider Martin Luther King Jr.'s "Letter from a Birmingham Jail": "We have waited for more than 340 years for our constitutional and God given rights," he wrote. "To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law."

More and more, the secular left seems to want to entrust human law to always be just. That's fine when it is. But what happens when it isn't?
http://theweek.com/articles/546457

 
The troubling implications of believing our rights don't come from God

CNN anchor Chris Cuomo recently declared: "Our rights do not come from God." Then this week, Sen. Ted Cruz's assertion that "our rights don't come from man, they come from God Almighty" came under scrutiny when Meredith Shiner, a Yahoo reporter, tweeted: "Bizarre to talk about how rights are God-made and not man-made in your speech announcing a POTUS bid? When Constitution was man-made?"

I am astounded by how many people in this country (and particularly in the media) don't believe the Declaration of Independence's assertion that all men are "endowed by their Creator with certain unalienable Rights." The Declaration of Independence also refers to "The Laws of Nature and of Nature's God." Believing that our laws are God-given, and not man-made, has become something that secular liberals seem to take joy in openly mocking. As if there were something inherently funny or backwards about faith. As if there were something hollow and foolish about believing in God.

Obviously, I believe very strongly that the opposite is true.

This might sound like a pedantic point to make, but nearly all of our political discord comes down to fundamental differences in our worldviews. Two very good people can start out with two very different philosophies of life and inevitably come to two very different conclusions on a nearly innumerable amount of problems. Sometimes the consequences are profound. And that's the case here. Rejection of this foundational principle of God-given law would inexorably lead someone to come to vastly different conclusions about any number of things compared to someone like me who embraces this premise. When liberals and conservatives differ over whether or not the state has the right to usurp this or that right, dig deep enough, and you will often find the root of the disagreement lies here.

More Perspectives
I believe very strongly that our rights come from God. And I believe nearly as strongly that the implications of believing that our right to life, liberty, and the pursuit of happiness are granted by the state are potentially catastrophic. Ideas have consequences, and while some might see quibbling over such esoteric and grandiose ideas to be a waste of time, the truth is that where one comes down on such fundamental questions will likely predetermine where one comes down on a wide range of modern-day "hot-button" issues. When you consider how much of the current political debate hinges on fights about individual liberty and the size and scope of government, this makes sense.

Set aside religion and consider this: If our fundamental rights are merely granted by the state, then they can be taken away by the state. What is more, the state would have no moral compunction not to rob us of our rights. The state is not particularly moral or special or better than people. The state is people. If they don't have some larger, higher moral code that guides them, then assumptions about what constitutes the "good" are, at least to some degree, arbitrary. Absent an immutable standard, why wouldn't the law of the jungle rule? In nature, predators prey on the weak. Can we honestly convince ourselves that people are better than that? Some are, sure. But many are not.

Without an absolute law that transcends the whims of man, the very concept of "rights" metastasizes into a definition having more to do with the current and often capricious preference of the majority. Oppressed minorities have long found comfort (and, in fact, seized the moral high ground) by pointing out that there is a greater law, a universal sense of right and wrong, that transcends the will of the majority.

The majority can be wrong. The majority can be in the wrong. History is littered with examples of the folly of man-made law, of man-made injustice. (This is not to say people haven't done terrible things in the name of God — they have!)

Consider Martin Luther King Jr.'s "Letter from a Birmingham Jail": "We have waited for more than 340 years for our constitutional and God given rights," he wrote. "To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law."

More and more, the secular left seems to want to entrust human law to always be just. That's fine when it is. But what happens when it isn't?
http://theweek.com/articles/546457
Matt doesn't explain how laws come from someone that doesn't exist.

 
The troubling implications of believing our rights don't come from God

CNN anchor Chris Cuomo recently declared: "Our rights do not come from God." Then this week, Sen. Ted Cruz's assertion that "our rights don't come from man, they come from God Almighty" came under scrutiny when Meredith Shiner, a Yahoo reporter, tweeted: "Bizarre to talk about how rights are God-made and not man-made in your speech announcing a POTUS bid? When Constitution was man-made?"

I am astounded by how many people in this country (and particularly in the media) don't believe the Declaration of Independence's assertion that all men are "endowed by their Creator with certain unalienable Rights." The Declaration of Independence also refers to "The Laws of Nature and of Nature's God." Believing that our laws are God-given, and not man-made, has become something that secular liberals seem to take joy in openly mocking. As if there were something inherently funny or backwards about faith. As if there were something hollow and foolish about believing in God.

Obviously, I believe very strongly that the opposite is true.

This might sound like a pedantic point to make, but nearly all of our political discord comes down to fundamental differences in our worldviews. Two very good people can start out with two very different philosophies of life and inevitably come to two very different conclusions on a nearly innumerable amount of problems. Sometimes the consequences are profound. And that's the case here. Rejection of this foundational principle of God-given law would inexorably lead someone to come to vastly different conclusions about any number of things compared to someone like me who embraces this premise. When liberals and conservatives differ over whether or not the state has the right to usurp this or that right, dig deep enough, and you will often find the root of the disagreement lies here.

More Perspectives
I believe very strongly that our rights come from God. And I believe nearly as strongly that the implications of believing that our right to life, liberty, and the pursuit of happiness are granted by the state are potentially catastrophic. Ideas have consequences, and while some might see quibbling over such esoteric and grandiose ideas to be a waste of time, the truth is that where one comes down on such fundamental questions will likely predetermine where one comes down on a wide range of modern-day "hot-button" issues. When you consider how much of the current political debate hinges on fights about individual liberty and the size and scope of government, this makes sense.

Set aside religion and consider this: If our fundamental rights are merely granted by the state, then they can be taken away by the state. What is more, the state would have no moral compunction not to rob us of our rights. The state is not particularly moral or special or better than people. The state is people. If they don't have some larger, higher moral code that guides them, then assumptions about what constitutes the "good" are, at least to some degree, arbitrary. Absent an immutable standard, why wouldn't the law of the jungle rule? In nature, predators prey on the weak. Can we honestly convince ourselves that people are better than that? Some are, sure. But many are not.

Without an absolute law that transcends the whims of man, the very concept of "rights" metastasizes into a definition having more to do with the current and often capricious preference of the majority. Oppressed minorities have long found comfort (and, in fact, seized the moral high ground) by pointing out that there is a greater law, a universal sense of right and wrong, that transcends the will of the majority.

The majority can be wrong. The majority can be in the wrong. History is littered with examples of the folly of man-made law, of man-made injustice. (This is not to say people haven't done terrible things in the name of God — they have!)

Consider Martin Luther King Jr.'s "Letter from a Birmingham Jail": "We have waited for more than 340 years for our constitutional and God given rights," he wrote. "To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law."

More and more, the secular left seems to want to entrust human law to always be just. That's fine when it is. But what happens when it isn't?
http://theweek.com/articles/546457
Matt doesn't explain how laws come from someone that doesn't exist.
Yeah, and that's a tough one. But I do think our system is premised that our "rights" are inherent and not granted by man either. Call them intrinsic to our humanity if you will, but the idea that our fundamental rights, largely but not exclusively those in the Bill of Rights, are above the reach of even our own state and governments.

 
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I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colourable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretence for claiming that power. They might urge with a semblance of reason, that the constitution ought not to be charged with the absurdity of providing against the abuse of an authority, which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it, was intended to be vested in the national government. This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers, by the indulgence of an injudicious zeal for bills of rights.
- Al Hamilton

http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss7.html

 
Magna Carta Messed Up the World, Here’s How to Fix ItThe “logic” of capitalist development has left a nightmare of environmental destruction in its wake.

In a few months, we will be commemorating the 800th anniversary of the sealing of Magna Carta—commemorating, but not celebrating; rather, mourning the blows it has suffered.

The first authoritative scholarly edition of Magna Carta was published by the eminent jurist William Blackstone in 1759. It was no easy task. As he wrote, “the body of the charter has been unfortunately gnawn by rats”—a comment that carries grim symbolism today, as we take up the task the rats left unfinished.

Blackstone’s edition actually includes two charters: the Great Charter and the Charter of the Forest. The former is generally regarded as the foundation of Anglo-American law—in Winston Churchill’s words, referring to its reaffirmation by Parliament in 1628, “the charter of every self-respecting man at any time in any land.” The Great Charter held that “No freeman shall be arrested or imprisoned,” or otherwise harmed, “except by the lawful judgment of his equals and according to the law of the land,” the essential sense of the doctrine of “presumption of innocence.”

To be sure, the reach of the charter was limited. Nevertheless, as Eric Kasper observes in a scholarly review, “What began as a relatively small check on the arbitrary power of King John eventually led to succeeding generations finding ever more rights in Magna Carta and Article 39. In this sense, Magna Carta is a key point in a long development of the protection of rights against arbitrary executive power.”

Crossing the Atlantic, the Great Charter was enshrined in the US Constitution as the promise that “no person shall…be deprived of life, liberty, or property, without due process of law” and that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.”

The wording seems expansive, but that is misleading. Excluded were “unpeople” (to borrow Orwell’s useful concept), among them Native Americans, slaves and women, who under the British common law adopted by the founders were the property of their fathers, handed over to husbands. Indeed, it wasn’t until 1975 that women gained the right to serve on juries in all fifty states.

The Fourteenth Amendment applied the “due process” provisions to states. The intent was to include freed slaves in the category of persons, but the effect was different. Within a few years, slaves who had technically been freed were delivered to a regime of criminalization of black life that amounted to “slavery by another name,” to quote the title of Douglas Blackmon’s evocative account of this crime, which is being re-enacted today. Instead, almost all of the actual court cases invoking the Fourteenth Amendment had to do with the rights of corporations. Today, these legal fictions—created and sustained by state power—have rights well beyond those of flesh-and-blood persons, not only by virtue of their wealth, immortality and limited liability, but also thanks to the mislabeled “free-trade” agreements, which grant them unprecedented rights unavailable to humans.

The constitutional lawyer in the White House has introduced further modifications. His Justice Department explained that “due process of law”—at least where “terrorism offenses” are concerned—is satisfied by internal deliberations within the executive branch. King John would have nodded in approval. The term “guilty” has also been given a refined interpretation: it now means “targeted for assassination by the White House.” Furthermore, the burden of proof has been shifted to those already assassinated by executive whim. As The New York Times reported, “Mr. Obama embraced a disputed method for counting civilian casualties [that] in effect counts all military-age males in a strike zone as combatants…unless there is explicit intelligence posthumously proving them innocent.” The guiding principles are clear: force reigns supreme; “law” and “justice” and other frivolities can be left to sentimentalists.

Problems do arise, however, when a candidate for genuine personhood is targeted. The issue arose after the murder of Anwar al-Awlaki, who was accused of inciting jihad in speech and writing as well as unspecified actions. A New York Times headline captured the general elite reaction when he was assassinated: As the West Celebrates a Cleric’s Death, the Mideast Shrugs. Some eyebrows were raised because Awlaki was an American citizen. But even these doubts were quickly stilled.

Let us now put the sad relics of the Great Charter aside and turn to the Magna Carta’s companion, the Charter of the Forest, which was issued in 1217. Its significance is perhaps even more pertinent today. As explained by Peter Linebaugh in his richly documented and stimulating history of Magna Carta, the Charter of the Forest called for protection of the commons from external power. The commons were the source of sustenance for the general population: food, fuel, construction materials, a form of welfare, whatever was essential for life.

In thirteenth-century England, the forest was no primitive wilderness. It had been carefully nurtured by its users over generations, its riches available to all. The great British social historian R. H. Tawney wrote that the commons were used by country people who lacked arable land. The maintenance of this “open field system of agriculture…reposed upon a common custom and tradition, not upon documentary records capable of precise construction. Its boundaries were often rather a question of the degree of conviction with which ancient inhabitants could be induced to affirm them, than visible to the mere eye of sense”—features of traditional societies worldwide to the present day.

By the eighteenth century, the charter had fallen victim to the rise of the commodity economy and capitalist practice and moral culture. As Linebaugh puts it, “The Forest Charter was forgotten or consigned to the gothic past.” With the commons no longer protected for cooperative nurturing and use, the rights of the common people were restricted to what could not be privatized—a category that continues to shrink, to virtual invisibility.

Capitalist development brought with it a radical revision not only of how the commons are treated, but also of how they are conceived. The prevailing view today is captured by Garrett Hardin’s influential argument that “Freedom in a commons brings ruin to all.” This is the famous “tragedy of the commons”: that what is not owned will be destroyed by individual avarice. A more technical formulation is given in economist Mancur Olson’s conclusion that “unless the number of individuals is quite small, or unless there is coercion or some other special device to make individuals act in their common interest, rational, self-interested individuals will not act to achieve their common or group interests.” Accordingly, unless the commons are handed over to private ownership, brutal state power must be invoked to save them from destruction. This conclusion is plausible—if we understand “rationality” to entail a fanatic dedication to the individual maximization of short-term material gain.

These forecasts have received some challenge. The late Elinor Ostrom won the Nobel Prize in economics in 2009 for her work showing the superiority of user-managed fish stocks, pastures, woods, lakes and groundwater basins. The historical review in her study, Governing the Commons, ignores the Charter of the Forest and the practice over centuries of nurturing the commons, but Ostrom did conclude that the success stories she’d investigated might at least “shatter the convictions of many policy analysts that the only way to solve [common-pool resource] problems is for external authorities to impose full private property rights or centralized regulation.”

As we now understand all too well, it is what is privately owned, not what is held in common, that faces destruction by avarice, bringing the rest of us down with it. Hardly a day passes without more confirmation of this fact. As hundreds of thousands of people marched in the streets of Manhattan on September 21 to warn of the dire threat of the ongoing ecological destruction of the commons, The New York Times reported that “global emissions of greenhouse gases jumped 2.3 percent in 2013 to record levels,” while in the United States, emissions rose 2.9 percent, reversing a recent decline. August 2014 was reported to be the hottest on record, and JAMA: The Journal of the American Medical Association predicted that the number of 90-degree-plus days in New York could triple in three decades, with much more severe effects in warmer climates.

It is well understood that most of the world’s fossil-fuel reserves must remain in the ground if an environmental disaster for humankind is to be averted, but under the logic of state-supported capitalist institutions, the private owners of those reserves are racing to exploit them to the fullest. Chevron abandoned a small renewable-energy program because its profits are far greater from fossil fuels. And as Bloomberg Businessweek reports, ExxonMobil announced “that its laserlike focus on fossil fuels is a sound strategy, regardless of climate change.” This is all in accord with the capitalist doctrine of “rationality.”

A small part of the remaining commons is federal land. Despite the complaints of the energy lobbies, the amount of crude oil produced from onshore federal lands in 2013 was the highest in over a decade, according to the Interior Department, and it has expanded steadily under the Obama administration. The business pages of newspapers like The New York Times and The Washington Post are exultant about “the boom in American energy production,” which shows “no signs of slowing down, keeping the market flush with crude and gasoline prices low.” Predictions are that the United States will “add a million more barrels of oil in daily production over the next year,” while also “expanding its exports of refined products like gasoline and diesel.” One dark cloud is perceived, however: maximizing production “might have a catastrophic effect” in “the creation of a major glut.” And with climate-change denier James Inhofe now chairing the Senate Committee on Environment and Public Works, and others like him in positions of power, we can expect even more wonderful news for our grandchildren.

Despite these long odds, the participants in the People’s Climate March are not alone. There is no slight irony in the fact that their major allies throughout the world are the surviving indigenous communities that have upheld their own versions of the Charter of the Forest. In Canada, the Gitxaala First Nation is filing a lawsuit opposing a tar-sands pipeline passing through its territory, relying on recent high-court rulings on indigenous rights. In Ecuador, the large indigenous community played an essential part in the government’s offer to keep some of its oil in the ground, where it should be, if the rich countries would compensate Ecuador for a fraction of the lost profits. (The offer was refused.) The one country governed by an indigenous majority, Bolivia, held a World People’s Conference in 2010, with 35,000 participants from 140 countries. It produced a People’s Agreement calling for sharp reductions in emissions, as well as a Universal Declaration on the Rights of Mother Earth. These are key demands of indigenous communities all over the world.

So, as we commemorate the two charters after 800 years, all of this gives us ample reason for serious reflection—and for determined action.
- Noam Chomsky

http://www.thenation.com/article/198513/killing-commons#

I always feel like when I read Chomsky it's a cold, calm, reasoned argument for authoritarianism, fascism, or communism, or something in between. But regardless there are some people who simply do not believe in democracy, our democracy. It's shocking but it's true.
 
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The troubling implications of believing our rights don't come from God

CNN anchor Chris Cuomo recently declared: "Our rights do not come from God." Then this week, Sen. Ted Cruz's assertion that "our rights don't come from man, they come from God Almighty" came under scrutiny when Meredith Shiner, a Yahoo reporter, tweeted: "Bizarre to talk about how rights are God-made and not man-made in your speech announcing a POTUS bid? When Constitution was man-made?"

I am astounded by how many people in this country (and particularly in the media) don't believe the Declaration of Independence's assertion that all men are "endowed by their Creator with certain unalienable Rights." The Declaration of Independence also refers to "The Laws of Nature and of Nature's God." Believing that our laws are God-given, and not man-made, has become something that secular liberals seem to take joy in openly mocking. As if there were something inherently funny or backwards about faith. As if there were something hollow and foolish about believing in God.

Obviously, I believe very strongly that the opposite is true.

This might sound like a pedantic point to make, but nearly all of our political discord comes down to fundamental differences in our worldviews. Two very good people can start out with two very different philosophies of life and inevitably come to two very different conclusions on a nearly innumerable amount of problems. Sometimes the consequences are profound. And that's the case here. Rejection of this foundational principle of God-given law would inexorably lead someone to come to vastly different conclusions about any number of things compared to someone like me who embraces this premise. When liberals and conservatives differ over whether or not the state has the right to usurp this or that right, dig deep enough, and you will often find the root of the disagreement lies here.

More Perspectives
I believe very strongly that our rights come from God. And I believe nearly as strongly that the implications of believing that our right to life, liberty, and the pursuit of happiness are granted by the state are potentially catastrophic. Ideas have consequences, and while some might see quibbling over such esoteric and grandiose ideas to be a waste of time, the truth is that where one comes down on such fundamental questions will likely predetermine where one comes down on a wide range of modern-day "hot-button" issues. When you consider how much of the current political debate hinges on fights about individual liberty and the size and scope of government, this makes sense.

Set aside religion and consider this: If our fundamental rights are merely granted by the state, then they can be taken away by the state. What is more, the state would have no moral compunction not to rob us of our rights. The state is not particularly moral or special or better than people. The state is people. If they don't have some larger, higher moral code that guides them, then assumptions about what constitutes the "good" are, at least to some degree, arbitrary. Absent an immutable standard, why wouldn't the law of the jungle rule? In nature, predators prey on the weak. Can we honestly convince ourselves that people are better than that? Some are, sure. But many are not.

Without an absolute law that transcends the whims of man, the very concept of "rights" metastasizes into a definition having more to do with the current and often capricious preference of the majority. Oppressed minorities have long found comfort (and, in fact, seized the moral high ground) by pointing out that there is a greater law, a universal sense of right and wrong, that transcends the will of the majority.

The majority can be wrong. The majority can be in the wrong. History is littered with examples of the folly of man-made law, of man-made injustice. (This is not to say people haven't done terrible things in the name of God — they have!)

Consider Martin Luther King Jr.'s "Letter from a Birmingham Jail": "We have waited for more than 340 years for our constitutional and God given rights," he wrote. "To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law."

More and more, the secular left seems to want to entrust human law to always be just. That's fine when it is. But what happens when it isn't?
http://theweek.com/articles/546457
Matt doesn't explain how laws come from someone that doesn't exist.
Yeah, and that's a tough one. But I do think our system is premised that our "rights" are inherent and not granted by man either. Call them intrinsic to our humanity if you will, but the idea that our fundamental rights, largely but not exclusively those in the Bill of Rights, are above the reach of even our own state and governments.
This is nothing but mental masturbation. God could exist and god could have granted those rights. But it comes down to men to enforce the rights anyway. So it doesn't really matter where they came from. If it actually mattered, priests wouldn't molest little kids.

 
What means this? Words funny order are in.
Ha. Let me translate (hey it was the 4th...).

I think the DOI is still awesome 240 years after its creation.

IMO the DOI is still the real constitution of our country, and while admittedly that is not literally true I think the DOI is the heart of the USC or at least part of it by incorporation.

 
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.


He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither,


For cutting off our Trade with all parts of the world:
These don't get mentioned much, but transparency, immigration and trade are founding principles of our nation.

 
IN CONGRESS, JULY 4, 1776

The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

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, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.
TLDR

 
The Declaration of Independence and the case for a polity based on universal principles

Today we celebrate the anniversary of American independence. But we too often forget a crucial way in which the principles of the Declaration of Independence contrast with those of virtually all modern independence movements. Unlike the latter, the Declaration did not assert that Americans have a right to independence because of their ethnic, cultural, religious, or linguistic distinctiveness. Instead, the Declaration justifies independence on the basis of universal human rights. I highlighted the contrast in this 2009 post, which may be even more relevant today:

One of the striking differences between the American Revolution and most modern independence movements is that the former was not based on ethnic or nationalistic justifications. Nowhere does the Declaration state that Americans have a right to independence because they are a distinct “people” or culture. They couldn’t assert any such claim because the majority of the American population consisted of members of the same ethnic groups (English and Scots) as the majority of Britons.

Rather, the justification for American independence was the need to escape oppression by the British government – the “repeated injuries and usurpations” enumerated in the text – and to establish a government that would more fully protect the rights to “life, liberty, and the pursuit of happiness.” The very same rationale for independence could just as easily have been used to justify secession by, say, the City of London, which was more heavily taxed and politically oppressed than the American colonies were. Indeed, the Declaration suggests that secession or revolution is justified “whenever any Form of Government becomes destructive of these ends” [emphasis added]. The implication is that the case for independence is entirely distinct from any nationalistic or ethnic considerations.

By contrast, modern international law, such as the International Covenant on Civil and Political Rights assigns a right of “self-determination” only to “peoples,” usually understood to mean groups with a distinctive common culture and ethnicity. If the American Revolution was justified, the ICCPR’s approach is probably wrong. At the very least, secession should also be considered permissible where undertaken to escape repression by the preexisting central government….

The Declaration establishes a new nation based on universal principles of individual right rather than the supposed collective rights of a particular racial or ethnic group. Its new government could not justify its powers because it represents the interests of a specific cultural group. Rather, it must be judged by the same principles that the authors of the Declaration applied to the British government: the protection of the rights to “life, liberty, and the pursuit of happiness,” regardless of the racial, ethnic, or cultural background of those oppressed.

To be sure, the Declaration does refer to “one people” seeking “dissolve the “to dissolve the political bonds which have connected them with another.” But in this context, the “people” does not refer to a culturally or ethnically distinct group. The Americans were not distinct, in that respect, from the people of Britain. The “people,” in this case, is simply a group that voluntarily comes together to establish a new nation.

Obviously, the Americans of 1776 fell far short of fully living up to these principles. “How is it,” Samuel Johnson famously complained, “that we hear the loudest yelps for liberty among the drivers of negroes?” Thomas Jefferson, the principal author of the Declaration, owned slaves all his life, even though he was well aware that doing so contradicted his principles. The Declaration’s high-minded reference to the “consent of the governed” were in part belied by the injustices many state governments inflicted on the substantial minority who did not consent to independence, but instead remained loyal to Britain.

Later generations of Americans have not fully lived up to the Declaration’s universalist ideals either. Racial and ethnic oppression, xenophobic discrimination against immigrants, and other similar injustices have been all too common in our history.

On the other hand, it would be a mistake to assume that the Declaration’s ideals were toothless. Even in their own time, the Enlightenment principles underlying the Declaration helped inspire the First Emancipation – the abolition of slavery in the northern states, which came about in the decades immediately following the Revolution. This was the first large-scale emancipation of slaves in modern history, and it helped ensure that the new nation would eventually have a majority of free states, which in turn helped ensure abolition in the South, as well.

As Abraham Lincoln famously put it:

I think the authors of that notable instrument intended to include all men, but they did not mean to declare all men equal in all respects…. They did not mean to assert the obvious untruth, that all were then actually enjoying that equality, or yet, that they were about to confer it immediately upon them…

They meant simply to declare the right, so that the enforcement of it might follow as fast as circumstances should permit.

They meant to set up a standard maxim for free society which should be familiar to all: constantly looked to, constantly labored for, and even, though never perfectly attained, constantly approximated, and thereby constantly spreading and deepening its influence and augmenting the happiness and value of life to all people, of all colors, every where.
The principles of the Declaration ultimately helped lead to the abolition of slavery and other steps towards racial equality, even despite the hypocrisy of Jefferson and many of the other founders.

The universalist ideals of the American Revolution also helped establish a nation that provided freedom and opportunity to immigrants and refugees from all over the world. Lincoln, who was a strong supporter of immigration, put this point well, too:

When [immigrants] look through that old Declaration of Independence, they find that those old men say that “We hold these truths to be self-evident, that all men are created equal”; and then they feel that that moral sentiment, taught in that day, evidences their relation to those men… and that they have a right to claim it as though they were blood of the blood, and flesh of the flesh, of the men who wrote that Declaration; and so they are.

The principles of the Declaration are a sharp contrast to the dangerous ethnic nationalism and zero-sum identity politics that have gained ground on both the left and the right in recent years. If we want to “make America great again,” we would do well to remember the universal principles that made it great in the first place.

 
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That's sad, and also weird that these people are so paranoid and ignorant. Or they're anti-democratic.

But this rings true:

Out of all the Declaration of Independence tweets, this is the quote that got retweeted the most:

NPR‏Verified account @NPR

A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

12:14 PM - 4 Jul 2017

 
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That's sad, and also weird that these people are so paranoid and ignorant. Or they're anti-democratic.

But this rings true:
The problem with natural justice is that you have to be held by a coherent center. I'm not sure if this is a Trump thread, and I don't want it to be, but on the Fourth, the problem with the wording in the Declaration of Independence, which I hold deeply, becomes problematic. 

We hold these truths to be self-evident. 

I love it. 

But what about it is self-evident other than an appeal to God?  Empiricism? Doesn't hold. Hope? Doesn't hold? God. Only God. 

God Bless the Fourth. 

 
The problem with natural justice is that you have to be held by a coherent center. I'm not sure if this is a Trump thread, and I don't want it to be, but on the Fourth, the problem with the wording in the Declaration of Independence, which I hold deeply, becomes problematic. 

We hold these truths to be self-evident. 

I love it. 

But what about it is self-evident other than an appeal to God?  Empiricism? Doesn't hold. Hope? Doesn't hold? God. Only God. 

God Bless the Fourth. 
It’s an appeal to reason, not to God. But nice try. 

 
The problem with natural justice is that you have to be held by a coherent center. I'm not sure if this is a Trump thread, and I don't want it to be, but on the Fourth, the problem with the wording in the Declaration of Independence, which I hold deeply, becomes problematic. 

We hold these truths to be self-evident. 

I love it. 

But what about it is self-evident other than an appeal to God?  Empiricism? Doesn't hold. Hope? Doesn't hold? God. Only God. 

God Bless the Fourth. 
I'd like to leave Trump out as well. I thought the story was interesting. Amazing to me anyone could take affront to a retweet of the words of the DOI. And frankly there are issues in the DOI, like immigration (yes) and executive power, which are relevant today. But the DOI is not temporal IMO.

I go back and forth on this and yes I'd say 'God' is the answer here (for me, and likely for the Founders) but considering this a universal document even in a godless universe I believe these rights belong to mankind first, foremost and only. - eta - I agree with the point above that it's an 'appeal to Reason' and I also think that it's impossible to divorce the DOI from the Enlightenment which it was born in. - eta2 - Then again for me reason and God are not really necessarily divisible in the first place.

 
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I'd like to leave Trump out as well. I thought the story was interesting. Amazing to me anyone could take affront to a retweet of the words of the DOI. And frankly there are issues in the DOI, like immigration (yes) and executive power, which are relevant  today. But teh DOi is not temporal IMO.

I go back and forth on this and yes I'd say 'God' is the answer here (for me, and likely for the Founders) but considering this a universal document even in a godless universe I believe these rights belong to mankind first, foremost and only. - eta - I agree with the point above that it's an 'appeal to Reason' and I also think that it's impossible to divorce the DOI from the Enlightenment which it was born in. - eta2 - Then again for me reason and God are not really necessarily divisible in the first place.
I was going to respond to the above comment but you did it better than I could. We can't even agree on common definitions of words if not for God. 

Natural justice, or that which we based our constitution on, is God. The person above is wrong. In law school, even, that's an accepted and correct answer. I heard it once. 

Questioner: What is natural justice? 

A: Justice delivered by God. 

Questioner: Correct. 

It's fundamental, actually, that we've been founded upon natural justice that depends on God. 

Unless you're Jefferson and loving the French Revolution.  

 
It’s an appeal to reason, not to God. But nice try. 
I always say “God had nothing to do with this”, because if he does, than God really loves to punish people. God in the bible sure knows how to do that

 
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I always say “God had nothing to do with this”, because if he does, than God really loves to punish people. God in the bible sure knows how to do that
Job. Ever see A Simple Man by the Coens? Not a great movie, but a Job-esque movie.  

 
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I was going to respond to the above comment but you did it better than I could. We can't even agree on common definitions of words if not for God. 

Natural justice, or that which we based our constitution on, is God. The person above is wrong. In law school, even, that's an accepted and correct answer. I heard it once. 

Questioner: What is natural justice? 

A: Justice delivered by God. 

Questioner: Correct. 

It's fundamental, actually, that we've been founded upon natural justice that depends on God. 

Unless you're Jefferson and loving the French Revolution.  
I'm familiar with natural law. I had an uncle who had a JD in canon law and he wrote papers on it.

The DOI refers at the top to:

"the Laws of Nature and of Nature's God entitle them"...

But then immediately states:

"a decent respect to the opinions of mankind requires that they should declare...".

So the rights exist inherently, but it is up to mankind to recognize and declare them.

Note also that is not 'a god' but Nature's God.

 
I'm familiar with natural law. I had an uncle who had a JD in canon law and he wrote papers on it.

The DOI refers at the top to:

"the Laws of Nature and of Nature's God entitle them"...

But then immediately states:

"a decent respect to the opinions of mankind requires that they should declare...".

So the rights exist inherently, but it is up to mankind to recognize and declare them.

Note also that is not 'a god' but Nature's God.
Yeah, I'm not trying to make it theist/atheist debate, but God always lingers in the background. I don't even like the God debate. I'm agnostic. But what holds the center?  

An aside: I used to spend my Fourths memorizing the Declaration. I had it down once. 

Once upon a time...now, no longer.  

But SID, hoist one for me or reflect on the greatness of the Enlightenment and our government.    

 
Yeah, I'm not trying to make it theist/atheist debate, but God always lingers in the background. I don't even like the God debate. I'm agnostic. But what holds the center?  

An aside: I used to spend my Fourths memorizing the Declaration. I had it down once. 

Once upon a time...now, no longer.  

But SID, hoist one for me or reflect on the greatness of the Enlightenment and our government.    
I think it's us at the center.

I got to spend some time in New England and I enjoyed the 4th parades, that was great stuff, like real patriotism. I've seen the events where a guy dressed as a town crier reads out the DOI, ladies with apple pie on the square, presenting the flag, fifes and drums, all that. I love it. It's like a whole other country. I've got my flags out today, but I'm not sure I see a lot of others and there are no parades down here. - I'll be toasting a few actually with some BBQ to spare. Happy 4th, Rock.  :banned:

 
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I think it's us at the center.

I got to spend some time in New England and I enjoyed the 4th parades, that was great stuff, like real patriotism. I've seen the events where a guy dressed as a town crier reads out the DOI, ladies with apple pie on the square, presenting the flag, fifes and drums, all that. I love it. It's like a whole other country. I've got my flags out today, but I'm not sure I see a lot of others and there are no parades down here. and I'll be toasting a few actually with some BBQ to spare. Happy 4th, Rock.  :banned:
First bolded: That's some faith. I believe you're right. 

Second bolded: Same to you, friend. 

BTW, you do great work here. Keep doing it.  

 
I was going to respond to the above comment but you did it better than I could. We can't even agree on common definitions of words if not for God. 

Natural justice, or that which we based our constitution on, is God. The person above is wrong. In law school, even, that's an accepted and correct answer. I heard it once. 

Questioner: What is natural justice? 

A: Justice delivered by God. 

Questioner: Correct. 

It's fundamental, actually, that we've been founded upon natural justice that depends on God. 

Unless you're Jefferson and loving the French Revolution.  
I'm not wrong. Natural law, as essential element for Enlightenment philosophy (including the DOI), may appeal to the divine or supernatural but does not necessarily do so. Natural law is about what is - both morally and phenomenally. I understand you want even this to be a necessary appeal to the Judeo-Christian God but it simply isn't. For example, many (most?) pagans adhere to natural law.

 
I'm not wrong. Natural law, as essential element for Enlightenment philosophy (including the DOI), may appeal to the divine or supernatural but does not necessarily do so. Natural law is about what is - both morally and phenomenally. I understand you want even this to be a necessary appeal to the Judeo-Christian God but it simply isn't. For example, many (most?) pagans adhere to natural law.
Ugh. This is going to sound awful, but can we agree to disagree for today? 

The "ugh" is directed at me. I'm just too tired to have this debate today.  

 
The Declaration of Independence and the case for a polity based on universal principles

Today we celebrate the anniversary of American independence. But we too often forget a crucial way in which the principles of the Declaration of Independence contrast with those of virtually all modern independence movements. Unlike the latter, the Declaration did not assert that Americans have a right to independence because of their ethnic, cultural, religious, or linguistic distinctiveness. Instead, the Declaration justifies independence on the basis of universal human rights. I highlighted the contrast in this 2009 post, which may be even more relevant today:

One of the striking differences between the American Revolution and most modern independence movements is that the former was not based on ethnic or nationalistic justifications. Nowhere does the Declaration state that Americans have a right to independence because they are a distinct “people” or culture. They couldn’t assert any such claim because the majority of the American population consisted of members of the same ethnic groups (English and Scots) as the majority of Britons.

Rather, the justification for American independence was the need to escape oppression by the British government – the “repeated injuries and usurpations” enumerated in the text – and to establish a government that would more fully protect the rights to “life, liberty, and the pursuit of happiness.” The very same rationale for independence could just as easily have been used to justify secession by, say, the City of London, which was more heavily taxed and politically oppressed than the American colonies were. Indeed, the Declaration suggests that secession or revolution is justified “whenever any Form of Government becomes destructive of these ends” [emphasis added]. The implication is that the case for independence is entirely distinct from any nationalistic or ethnic considerations.

By contrast, modern international law, such as the International Covenant on Civil and Political Rights assigns a right of “self-determination” only to “peoples,” usually understood to mean groups with a distinctive common culture and ethnicity. If the American Revolution was justified, the ICCPR’s approach is probably wrong. At the very least, secession should also be considered permissible where undertaken to escape repression by the preexisting central government….

The Declaration establishes a new nation based on universal principles of individual right rather than the supposed collective rights of a particular racial or ethnic group. Its new government could not justify its powers because it represents the interests of a specific cultural group. Rather, it must be judged by the same principles that the authors of the Declaration applied to the British government: the protection of the rights to “life, liberty, and the pursuit of happiness,” regardless of the racial, ethnic, or cultural background of those oppressed.

To be sure, the Declaration does refer to “one people” seeking “dissolve the “to dissolve the political bonds which have connected them with another.” But in this context, the “people” does not refer to a culturally or ethnically distinct group. The Americans were not distinct, in that respect, from the people of Britain. The “people,” in this case, is simply a group that voluntarily comes together to establish a new nation.

Obviously, the Americans of 1776 fell far short of fully living up to these principles. “How is it,” Samuel Johnson famously complained, “that we hear the loudest yelps for liberty among the drivers of negroes?” Thomas Jefferson, the principal author of the Declaration, owned slaves all his life, even though he was well aware that doing so contradicted his principles. The Declaration’s high-minded reference to the “consent of the governed” were in part belied by the injustices many state governments inflicted on the substantial minority who did not consent to independence, but instead remained loyal to Britain.

Later generations of Americans have not fully lived up to the Declaration’s universalist ideals either. Racial and ethnic oppression, xenophobic discrimination against immigrants, and other similar injustices have been all too common in our history.

On the other hand, it would be a mistake to assume that the Declaration’s ideals were toothless. Even in their own time, the Enlightenment principles underlying the Declaration helped inspire the First Emancipation – the abolition of slavery in the northern states, which came about in the decades immediately following the Revolution. This was the first large-scale emancipation of slaves in modern history, and it helped ensure that the new nation would eventually have a majority of free states, which in turn helped ensure abolition in the South, as well.

As Abraham Lincoln famously put it:

The principles of the Declaration ultimately helped lead to the abolition of slavery and other steps towards racial equality, even despite the hypocrisy of Jefferson and many of the other founders.

The universalist ideals of the American Revolution also helped establish a nation that provided freedom and opportunity to immigrants and refugees from all over the world. Lincoln, who was a strong supporter of immigration, put this point well, too:

When [immigrants] look through that old Declaration of Independence, they find that those old men say that “We hold these truths to be self-evident, that all men are created equal”; and then they feel that that moral sentiment, taught in that day, evidences their relation to those men… and that they have a right to claim it as though they were blood of the blood, and flesh of the flesh, of the men who wrote that Declaration; and so they are.

The principles of the Declaration are a sharp contrast to the dangerous ethnic nationalism and zero-sum identity politics that have gained ground on both the left and the right in recent years. If we want to “make America great again,” we would do well to remember the universal principles that made it great in the first place.
I hear that Fredrick Douglas is getting recognized more and more these days.

 
Fellow Citizens, I am not wanting in respect for the fathers of this republic. The signers of the Declaration of Independence were brave men. They were great men, too Ñ great enough to give frame to a great age. It does not often happen to a nation to raise, at one time, such a number of truly great men. The point from which I am compelled to view them is not, certainly, the most favorable; and yet I cannot contemplate their great deeds with less than admiration. They were statesmen, patriots and heroes, and for the good they did, and the principles they contended for, I will unite with you to honor their memory.... 

...Fellow-citizens, pardon me, allow me to ask, why am I called upon to speak here to-day? What have I, or those I represent, to do with your national independence? Are the great principles of political freedom and of natural justice, embodied in that Declaration of Independence, extended to us? and am I, therefore, called upon to bring our humble offering to the national altar, and to confess the benefits and express devout gratitude for the blessings resulting from your independence to us? 

Would to God, both for your sakes and ours, that an affirmative answer could be truthfully returned to these questions! Then would my task be light, and my burden easy and delightful. For who is there so cold, that a nation's sympathy could not warm him? Who so obdurate and dead to the claims of gratitude, that would not thankfully acknowledge such priceless benefits? Who so stolid and selfish, that would not give his voice to swell the hallelujahs of a nation's jubilee, when the chains of servitude had been torn from his limbs? I am not that man. In a case like that, the dumb might eloquently speak, and the "lame man leap as an hart." 

But such is not the state of the case. I say it with a sad sense of the disparity between us. I am not included within the pale of glorious anniversary! Your high independence only reveals the immeasurable distance between us. The blessings in which you, this day, rejoice, are not enjoyed in common.ÑThe rich inheritance of justice, liberty, prosperity and independence, bequeathed by your fathers, is shared by you, not by me. The sunlight that brought light and healing to you, has brought stripes and death to me. This Fourth July is yours, not mine. You may rejoice, I must mourn. To drag a man in fetters into the grand illuminated temple of liberty, and call upon him to join you in joyous anthems, were inhuman mockery and sacrilegious irony. Do you mean, citizens, to mock me, by asking me to speak to-day? If so, there is a parallel to your conduct. And let me warn you that it is dangerous to copy the example of a nation whose crimes, towering up to heaven, were thrown down by the breath of the Almighty, burying that nation in irrevocable ruin! I can to-day take up the plaintive lament of a peeled and woe-smitten people! 

"By the rivers of Babylon, there we sat down. Yea! we wept when we remembered Zion. We hanged our harps upon the willows in the midst thereof. For there, they that carried us away captive, required of us a song; and they who wasted us required of us mirth, saying, Sing us one of the songs of Zion. How can we sing the Lord's song in a strange land? If I forget thee, 0 Jerusalem, let my right hand forget her cunning. If I do not remember thee, let my tongue cleave to the roof of my mouth." 

Fellow-citizens, above your national, tumultuous joy, I hear the mournful wail of millions! whose chains, heavy and grievous yesterday, are, to-day, rendered more intolerable by the jubilee shouts that reach them. If I do forget, if I do not faithfully remember those bleeding children of sorrow this day, "may my right hand forget her cunning, and may my tongue cleave to the roof of my mouth!" To forget them, to pass lightly over their wrongs, and to chime in with the popular theme, would be treason most scandalous and shocking, and would make me a reproach before God and the world. My subject, then, fellow-citizens, is American slavery. I shall see this day and its popular characteristics from the slave's point of view. Standing there identified with the American bondman, making his wrongs mine, I do not hesitate to declare, with all my soul, that the character and conduct of this nation never looked blacker to me than on this 4th of July! Whether we turn to the declarations of the past, or to the professions of the present, the conduct of the nation seems equally hideous and revolting. America.is false to the past, false to the present, and solemnly binds herself to be false to the future. Standing with God and the crushed and bleeding slave on this occasion, I will, in the name of humanity which is outraged, in the name of liberty which is fettered, in the name of the constitution and the Bible which are disregarded and trampled upon, dare to call in question and to denounce, with all the emphasis I can command, everything that serves to perpetuate slavery Ñ the great sin and shame of America! "I will not equivocate; I will not excuse"; I will use the severest language I can command; and yet not one word shall escape me that any man, whose judgment is not blinded by prejudice, or who is not at heart a slaveholder, shall not confess to be right and just. 

But I fancy I hear some one of my audience say, "It is just in this circumstance that you and your brother abolitionists fail to make a favorable impression on the public mind. Would you argue more, an denounce less; would you persuade more, and rebuke less; your cause would be much more likely to succeed." But, I submit, where all is plain there is nothing to be argued. What point in the anti-slavery creed would you have me argue? On what branch of the subject do the people of this country need light? Must I undertake to prove that the slave is a man? That point is conceded already. Nobody doubts it. The slaveholders themselves acknowledge it in the enactment of laws for their government. They acknowledge it when they punish disobedience on the part of the slave. There are seventy-two crimes in the State of Virginia which, if committed by a black man (no matter how ignorant he be), subject him to the punishment of death; while only two of the same crimes will subject a white man to the like punishment. What is this but the acknowledgment that the slave is a moral, intellectual, and responsible being? The manhood of the slave is conceded. It is admitted in the fact that Southern statute books are covered with enactments forbidding, under severe fines and penalties, the teaching of the slave to read or to write. When you can point to any such laws in reference to the beasts of the field, then I may consent to argue the manhood of the slave. When the dogs in your streets, when the fowls of the air, when the cattle on your hills, when the fish of the sea, and the reptiles that crawl, shall be unable to distinguish the slave from a brute, then will I argue with you that the slave is a man! 

For the present, it is enough to affirm the equal manhood of the Negro race. Is it not astonishing that, while we are ploughing, planting, and reaping, using all kinds of mechanical tools, erecting houses, constructing bridges, building ships, working in metals of brass, iron, copper, silver and gold; that, while we are reading, writing and ciphering, acting as clerks, merchants and secretaries, having among us lawyers, doctors, ministers, poets, authors, editors, orators and teachers; that, while we are engaged in all manner of enterprises common to other men, digging gold in California, capturing the whale in the Pacific, feeding sheep and cattle on the hill-side, living, moving, acting, thinking, planning, living in families as husbands, wives and children, and, above all, confessing and worshipping the Christian's God, and looking hopefully for life and immortality beyond the grave, we are called upon to prove that we are men! 

Would you have me argue that man is entitled to liberty? that he is the rightful owner of his own body? You have already declared it. Must I argue the wrongfulness of slavery? Is that a question for Republicans? Is it to be settled by the rules of logic and argumentation, as a matter beset with great difficulty, involving a doubtful application of the principle of justice, hard to be understood? How should I look to-day, in the presence of Amercans, dividing, and subdividing a discourse, to show that men have a natural right to freedom? speaking of it relatively and positively, negatively and affirmatively. To do so, would be to make myself ridiculous, and to offer an insult to your understanding. There is not a man beneath the canopy of heaven that does not know that slavery is wrong for him. 

What, am I to argue that it is wrong to make men brutes, to rob them of their liberty, to work them without wages, to keep them ignorant of their relations to their fellow men, to beat them with sticks, to flay their flesh with the lash, to load their limbs with irons, to hunt them with dogs, to sell them at auction, to sunder their families, to knock out their teeth, to burn their flesh, to starve them into obedience and submission to their mastcrs? Must I argue that a system thus marked with blood, and stained with pollution, is wrong? No! I will not. I have better employment for my time and strength than such arguments would imply. 

What, then, remains to be argued? Is it that slavery is not divine; that God did not establish it; that our doctors of divinity are mistaken? There is blasphemy in the thought. That which is inhuman, cannot be divine! Who can reason on such a proposition? They that can, may; I cannot. The time for such argument is passed.

At a time like this, scorching irony, not convincing argument, is needed. O! had I the ability, and could reach the nation's ear, I would, to-day, pour out a fiery stream of biting ridicule, blasting reproach, withering sarcasm, and stern rebuke. For it is not light that is needed, but fire; it is not the gentle shower, but thunder. We need the storm, the whirlwind, and the earthquake. The feeling of the nation must be quickened; the conscience of the nation must be roused; the propriety of the nation must be startled; the hypocrisy of the nation must be exposed; and its crimes against God and man must be proclaimed and denounced. 

What, to the American slave, is your 4th of July? I answer; a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which he is the constant victim. To him, your celebration is a sham; your boasted liberty, an unholy license; your national greatness, swelling vanity; your sounds of rejoicing are empty and heartless; your denunciation of tyrants, brass fronted impudence; your shouts of liberty and equality, hollow mockery; your prayers and hymns, your sermons and thanksgivings, with all your religious parade and solemnity, are, to Him, mere bombast, fraud, deception, impiety, and hypocrisy -- a thin veil to cover up crimes which would disgrace a nation of savages.There is not a nation on the earth guilty of practices more shocking and bloody than are the people of the United States, at this very hour. 

Go where you may, search where you will, roam through all the monarchies and despotisms of the Old World, travel through South America, search out every abuse, and when you have found the last, lay your facts by the side of the everyday practices of this nation, and you will say with me, that, for revolting barbarity and shameless hypocrisy, America reigns without a rival.... 


...Allow me to say, in conclusion, notwithstanding the dark picture I have this day presented, of the state of the nation, I do not despair of this country. There are forces in operation which must inevitably work the downfall of slavery. "The arm of the Lord is not shortened," and the doom of slavery is certain. I, therefore, leave off where I began, with hope. While drawing encouragement from "the Declaration of Independence," the great principles it contains, and the genius of American Institutions, my spirit is also cheered by the obvious tendencies of the age. Nations do not now stand in the same relation to each other that they did ages ago. No nation can now shut itself up from the surrounding world and trot round in the same old path of its fathers without interference. The time was when such could be done. Long established customs of hurtful character could formerly fence themselves in, and do their evil work with social impunity. Knowledge was then confined and enjoyed by the privileged few, and the multitude walked on in mental darkness. But a change has now come over the affairs of mankind. Walled cities and empires have become unfashionable. The arm of commerce has borne away the gates of the strong city. Intelligence is penetrating the darkest corners of the globe. It makes its pathway over and under the sea, as well as on the earth. Wind, steam, and lightning are its chartered agents. Oceans no longer divide, but link nations together. From Boston to London is now a holiday excursion. Space is comparatively annihilated. -- Thoughts expressed on one side of the Atlantic are distinctly heard on the other. 

The far off and almost fabulous Pacific rolls in grandeur at our feet. The Celestial Empire, the mystery of ages, is being solved. The fiat of the Almighty, "Let there be Light," has not yet spent its force. No abuse, no outrage whether in taste, sport or avarice, can now hide itself from the all-pervading light. The iron shoe, and crippled foot of China must be seen in contrast with nature. Africa must rise and put on her yet unwoven garment. 'Ethiopia, shall, stretch. out her hand unto Ood." In the fervent aspirations of William Lloyd Garrison, I say, and let every heart join in saying it: 

God speed the year of jubilee 
The wide world o'er! 
When from their galling chains set free, 
Th' oppress'd shall vilely bend the knee, 
And wear the yoke of tyranny 
Like brutes no more. 
That year will come, and freedom's reign, 
To man his plundered rights again 
Restore. 

God speed the day when human blood 
Shall cease to flow! 
In every clime be understood, 
The claims of human brotherhood, 
And each return for evil, good, 
Not blow for blow; 
That day will come all feuds to end, 
And change into a faithful friend 
Each foe. 

God speed the hour, the glorious hour, 
When none on earth 
Shall exercise a lordly power, 
Nor in a tyrant's presence cower; 
But to all manhood's stature tower, 
By equal birth! 
That hour will come, to each, to all, 
And from his Prison-house, to thrall 
Go forth. 

Until that year, day, hour, arrive, 
With head, and heart, and hand I'll strive, 
To break the rod, and rend the gyve, 
The spoiler of his prey deprive -- 
So witness Heaven! 
And never from my chosen post, 
Whate'er the peril or the cost, 

 

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