Thursday, July 1, 2010

"The Courts, Natural Rights, and Religious Claims as Knowledge" in Santa Clara Law Review

The American Founders understood that the government they put in place presupposed a cluster of rights that citizens have by nature and that the government is obligated to recognize. This is clearly spelled out in the Declaration of Independence: “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.” Or, in the words of Alexander Hamilton, “[t]he Sacred Rights of mankind are not to be rummaged for among old parchments or musty records. They are written, as with a sunbeam, in the whole volume of human nature, by the Hand of the Divinity itself, and can never be erased or obscured by mortal power.” [notes omitted]

(originally posted on Southern Appeal)

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