In America there is a good deal of preoccupation with rights. The American Revolution was primarily fought over a conception of rights. The Declaration of Independence mentions "inalienable rights, among them life, liberty and the pursuit of happiness." The Constitution's first ten Amendments were passed as a package and seek to spell out what the nation's fundamental rights are. They are usually called the "Bill of Rights." Both our major and nearly all our minor political parties compete in part by promising to adhere to what they consider to be the correct interpretation of the original meanings of these rights.
The most popular belief about the origin of these rights among the American people is that they come "from God." We hear mention of our "God-given rights." The Declaration says that the "inalienable rights" apply to "all men" and have been "endowed by their Creator." There is no question that Judeo-Christian thought is an important underpinning in the idea of individual rights. The belief that people stand equal before God and have value to Him long predates the United States, and has much to do with the ideals of individual rights appearing primarily in the Western World.
Yet these ideals did not translate into legal and political rights for a long time. Feudalism defined a rigid class system in Western society for centuries even though that society was strongly Christian. After that, the idea of monarchs ruling by "divine right" was the pre-eminent political understanding in Western Christian society after feudalism began to decline. It was only when Enlightenment rationalism was applied to moral and political discourse that a connection between Christian morality and political freedoms was established in most people's minds. Up to that time ideas like rights and liberties were mainly restricted to the realm of theology and relations between kings, nobles and the Church. It was only after philosophers like John Locke demonstrated the logic of applying these concepts to civil society that they caught on in the popular mind. He is, after all, the writer who came up with the "natural rights" formulation that included "life, liberty and property," and which formed the basis of Jefferson's similar formulation in the Declaration.
The important thing to keep in mind is that historically, nobody has ever been "granted" any of these rights. Freedom of speech and religion, equality under the law, trial by jury, freedom from unreasonable search and seizure without probable cause, habeas corpus, the right to vote, in short, every limit on royal or representative governmental power over individuals has only come after persistent and often bloody resistance to that power. And once achieved, such limits have had to be maintained and supported by consensus or they have been lost. A citizen asked Benjamin Franklin what kind of government had been set up by the Constitutional Convention. "A republic, if you can keep it," was the great man's reply. The record shows that rights are won and maintained only if they are staked out and tenaciously defended.
For example, the 14th Amendment's mandate of "equal protection of the laws" was of little avail to African Americans for nearly a hundred years after its passage due to the hostility of much of the majority to the measure, or to Japanese Americans during the war hysteria after Pearl Harbor. The Bush administration's disregard for habeas corpus and constitutional requirements for jurisprudence and the prevention of torture show just how easily "inalienable rights" can be abridged by a government that whips up fear in order to increase its power and latitude for action.
No, rights are not granted by God. Peoples' idea of what is godly may underlie the rights they demand, but rights have to be fought for by humans here on earth to be won and often fought for again to be sustained. As John F. Kennedy said in his Inaugural Address, "Here on earth God's work must truly be our own."
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