Kara Sears
The US Constitution is founded on natural law, which is based on the idea that law is founded on reason and logic rather than the ipse dixit of a given power. The Ninth Amendment recognizes that there are rights retained by the people, which are natural rights that pre-exist government, such as the freedom of speech. These rights are protected by the Constitution and cannot be denied or disparaged. Natural law is the ultimate source and established limit for all of man's laws and is intended to protect the natural rights of all mankind. It is based on the belief that all men are created equal and that no person has the right to harm another as that would interfere with another person's rights.
| Characteristics | Values |
|---|---|
| Natural law is the foundation upon which the spirit of the Constitution is built | Natural law philosophy, natural rights, common law |
| Natural law is founded upon reason and logic | Reason, logic |
| The Ninth Amendment recognizes rights retained by the people | Freedom of speech, freedom of religion, freedom of the press, right to peaceably assemble, right to petition the government |
| The Fourth Amendment protects private property | Right to property, liberty |
| The Constitution is a contract between the people and the government | Social compact, republican principles |
| The Constitution is based on the most profound and beneficial values | Individual rights, freedom |
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What You'll Learn
Natural law and natural rights
Natural law is the foundation upon which the spirit of the Constitution is built. Many of the ideas and terms used in the Constitution cannot be fully understood without a deep understanding of the natural law philosophy held by its authors. The natural law philosophy is based on reason and logic, and not merely the ipse dixit of a given power.
Natural rights are a core part of natural law. These are rights that everyone has and are not dependent on the laws or customs of any particular culture or government. They are universal, fundamental, and inalienable. They are not created by the Ninth Amendment but are instead retained by the people and pre-exist government. The Ninth Amendment simply recognises these rights and provides explicit protections for at least some of them, such as freedom of speech. Other natural rights include the right to liberty and the right to purchase property or services.
The concept of natural law first appeared in ancient Greek philosophy and was referred to by the Roman philosopher Cicero. It was then alluded to by Saint Paul and developed in the Middle Ages by Catholic philosophers such as Albert the Great, Thomas Aquinas, and Jean Gerson. During the Age of Enlightenment, the concept of natural law was used to challenge the divine right of kings and became an alternative justification for the establishment of a social contract, positive law, and government.
The book, *Natural Law and Natural Rights*, by John Finnis, published in 1980, is widely recognised as a seminal contribution to the philosophy of law. Finnis critiques several authors and philosophical traditions, offering polemical support for his conception of natural law. He attributes the origin of natural law conceptions to Plato, further developed by Aristotle and Aquinas.
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The Ninth Amendment
The text of the Ninth Amendment is as follows: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This amendment ensures that the omission of a right from the Constitution does not empower the federal government to violate it. The Ninth Amendment has been interpreted to mean that an assertion of a natural right, typically based on common law or long-standing practices, will be upheld unless there is specific and explicit positive law to the contrary.
In recent decades, gun rights activists have argued for a natural right to keep and bear arms based on the Ninth Amendment, claiming that the Second Amendment merely enumerates a pre-existing right. Additionally, 33 states have constitutions with provisions similar to the Ninth Amendment, often called "Baby Ninth Amendments." State courts have interpreted these provisions to protect unenumerated rights, such as the right to earn a living, the right to open a school, and the right to refuse medical treatment.
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The Constitution as a contract
The Constitution of the United States is a contract between the people and those they hire to govern on their behalf. This contract is underpinned by the principles of natural law, which holds that rights are endowed by the Creator and are unalienable. The Founders, including Thomas Jefferson, Benjamin Franklin, James Madison, Alexander Hamilton, and John Jay, were intellectuals who studied the works of Cicero, Polybius, Coke, Locke, Montesquieu, and Blackstone, among others. They recognized the importance of securing individual rights through a government of laws, not men.
The Ninth Amendment of the Constitution recognizes natural rights that pre-exist government, such as freedom of speech, and provides explicit protections for these rights. The Founders wanted to safeguard against a tyrannical government that might ignore these fundamental freedoms. Natural rights are inherent to all individuals and do not overlap with or infringe upon the rights of others. For example, an individual has the right to liberty and the derivative right to freedom of speech, but these rights do not guarantee specific instances of property or service.
The Constitution, as a contract, is founded upon the principles of natural law, which serves as the ultimate source and established limit for all laws. Natural law is based on reason and logic, and it holds that laws should promote justice and right without political exception. The Founders believed that natural law was capable of being understood by all, and they established a government to secure these natural rights. This understanding of natural law is crucial for interpreting the Constitution and the Bill of Rights.
The Fourth Amendment, for example, protects private property rights, and the right to "assistance of counsel" overturns the common law prohibition on hiring counsel in non-treason felony cases. These protections are grounded in the natural right to property and liberty. The interpretation and application of the Constitution, therefore, must consider the underlying principles of natural law to fully understand the rights and freedoms it aims to protect.
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Natural law and the Bill of Rights
The US Constitution is deeply rooted in the principles of natural law, which is considered the ultimate source of constitutional law. Natural law, or "Nature's law", refers to the idea that rights are endowed by the Creator as unalienable prerogatives. These rights, such as the right to life, liberty, and property, are inherent and exist prior to and independently of government. The Founders, including Thomas Jefferson, Benjamin Franklin, and James Madison, established a government of laws, not of men, to secure and protect these natural rights.
The Ninth Amendment of the Constitution recognises "rights retained by the people", which are natural rights that pre-exist government. The Founders sought to explicitly protect these rights, such as freedom of speech, out of caution that a tyrannical government could ignore them. The Ninth Amendment ensures that enumerating certain rights does not diminish the protection of other natural rights not specifically mentioned. This amendment demonstrates the interplay between natural law and the Bill of Rights, as it safeguards rights that are inherent and not granted by the government.
The Fourth Amendment provides another example of natural law influencing the Bill of Rights. It protects private property unless it is used to conceal evidence of harming others, in which case a warrant can be issued. This right to private property is a natural right recognised within the Fourth Amendment. Additionally, the right to "assistance of counsel" in the Sixth Amendment can be understood through the lens of natural law. Originally, this right was interpreted as the natural right to hire counsel of one's choice with one's own money, rather than a right to be provided counsel.
The understanding and interpretation of the Constitution are deeply informed by natural law philosophy. The Founders were influenced by the works of eminent thinkers such as William Blackstone, Cicero, Locke, and Montesquieu. Blackstone, for instance, articulated the principle that "we should live honestly", corresponding to the natural right of individual freedom to acquire and own private property through honest means. The Founders viewed these natural laws and rights as unalterable and superior to any written law.
In conclusion, natural law forms the foundation of the US Constitution and is essential for interpreting the Bill of Rights. The Founders' understanding of natural law shaped their recognition and protection of inherent rights, such as freedom of speech, liberty, and property. The Ninth Amendment, Fourth Amendment, and Sixth Amendment all reflect the influence of natural law, safeguarding rights that pre-exist and are independent of government.
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Natural law and the Founding Fathers
The Founding Fathers' understanding of natural law is critical to interpreting the Constitution and the Bill of Rights. Natural law, founded on reason and logic, is the basis of the Constitution's spirit. The Founders' natural law philosophy, as seen in the Declaration of Independence and their writings, recognises “natural rights” grounded in the “Laws of Nature,” that is, the natural law.
These natural rights are inherent to all people and guarantee equality, liberty, and the right to acquire property or services. They are protected by the Ninth Amendment, which acknowledges rights "retained by the people" that pre-exist government, such as freedom of speech. The Founding Fathers wanted to safeguard these rights out of concern that a tyrannical government might disregard them.
The Founders' natural law theory also illuminates the original meaning of the Free Exercise Clause, indicating that civil authorities derive their power from moral law and must respect individuals' religious duties. This is exemplified in the Fulton case, where the Supreme Court considered the freedom to believe in traditional marriage and child-rearing ideals.
Additionally, the Constitution can be understood as a contract between the people and their government, with the legislature's authority determined by the nature of the power it represents. The Fourth Amendment, protecting private property, and the right to "assistance of counsel" are also rooted in natural law principles of property and liberty.
In conclusion, the Founding Fathers' natural law philosophy is integral to interpreting the Constitution, protecting natural rights, and understanding concepts like the Free Exercise Clause and the role of government.
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Frequently asked questions
Natural law, or "Nature's law", is a set of perpetual and immutable rules applicable to all people for all time. It is the law founded upon reason and logic, rather than the ipse dixit of a given power. Natural law is not created or sustained by human authority but by a higher power, such as God or nature.
The US Constitution is founded on natural law principles, which were well-known to its founders, including Thomas Jefferson, Benjamin Franklin, James Madison, Alexander Hamilton, and John Jay. The Constitution was established to secure each person's natural rights to life, liberty, and property, which are endowed by the Creator.
The Ninth Amendment protects natural rights that are not explicitly enumerated in the Constitution, such as the right to liberty, which includes the freedom of speech and the right to purchase property or services. The Fourth Amendment protects private property, and the right to "assistance of counsel" in the Sixth Amendment falls within the natural right of property and liberty.
