Kara Sears
The United States Constitution is founded on natural law, a philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. This theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. Natural law, or Nature's law, is the ultimate source and established limit for all of man's laws and is intended to protect each of these natural rights for all of mankind. The US Constitution is a contract between the people and their government, and its interpretation requires an understanding of the natural law philosophy held by the Founding Fathers.
| Characteristics | Values |
|---|---|
| Natural law is the foundation upon which the spirit of the Constitution is built | Natural law philosophy is required to understand the ideas and terms used in the Constitution |
| Natural law is based on reason and logic | It is not the ipse dixit of a given power |
| Natural law is a philosophical and legal theory | It posits the existence of a set of inherent laws derived from nature and universal moral principles |
| Natural rights are a core part of natural law | Natural rights specify what acts one person cannot morally do to another |
| Natural rights are not the same as common law | Common law was explained by judges over generations, creating a "common" set of rules |
| The Ninth Amendment recognises natural rights that are not explicitly enumerated in the Constitution | The Ninth Amendment does not create these rights, they are natural rights that pre-exist government |
| Natural law is also referred to as "iusnaturalism" or "jusnaturalism" | Natural law holds that there are objective legal standards based on morality that underlie human-made laws |
| Natural law is the ultimate source and established limit for all of man's laws | It is intended to protect the natural rights of all mankind |
| The Constitution is a contract between the people and the government | It is based on republican principles and the proper scope of delegated power |
| The Founders established a government of laws, not men | The Constitution secures each person's Creator-endowed rights to life, liberty, and property |
| Natural law is based on clarity, self-evidence, and coherence | It is intended to stand above any presumed US presidential prerogatives of being "above the law" |
| Natural law is based on immutable principles of "do justice" | It provides a template for legal judgment that is perpetually binding upon all persons |
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What You'll Learn
Natural law and natural rights
The Constitution of the United States is founded on natural law, a philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles. These laws are discoverable through reason and logic and are independent of enacted laws or societal norms. Natural law is the basis of the spirit of the Constitution and is essential for understanding the document, especially the Bill of Rights.
Natural law is not the same as common law, though they are intertwined. Common law was explained by judges over generations, creating a well-known "common" set of rules. The judges intended to use natural law to determine what those common-law rules were. The Ninth Amendment, for example, protects natural rights that are not explicitly mentioned in the Constitution, such as the right to jump up and down or sing a song.
Natural rights are a core part of natural law. These rights specify what acts one person cannot morally do to another, without infringing on their rights. For instance, the right to "life, liberty, and the pursuit of happiness" is a natural right that cannot be taken away by another person or the government. These rights are endowed by the Creator and are unalienable, and the government's role is to secure these rights.
The Founders of the United States Constitution recognized that these natural rights would not be sustained in society unless they were protected under a code of law that was in harmony with natural law. This code of law, or the Constitution, is a contract between the people and the government, where certain powers are delegated to the government to protect these rights.
The understanding of natural law and natural rights is essential for interpreting the Constitution and ensuring that the government does not overstep its bounds. It provides a basis for limiting partisan political manipulations and ensuring that the rights of individuals are protected, even when faced with adversarial interpretations of the Constitution.
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The Ninth Amendment
This amendment is significant because it reinforces the idea that the government's power is limited and that individuals have rights that exist independently of government action. This is a core principle of natural law theory, which holds that certain rights are inherent and universal, existing separately from any legal or governmental authority.
In practice, the Ninth Amendment has been used to argue for the protection of various rights not specifically enumerated in the Constitution, including privacy, autonomy, and reproductive rights. It reinforces the idea that the Constitution is a living document, capable of adapting to new circumstances and interpretations, while still upholding the fundamental natural law principles upon which the nation was founded.
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Common law and natural law
The Constitution is based on natural law, which is the foundation upon which the spirit of the Constitution is built. The natural law philosophy held by the Founding Fathers is critical to understanding the ideas and terms used in the Constitution, especially the Bill of Rights. Natural law is founded on reason, logic, nature, or the will of God, and it includes "natural rights," which are rights that everyone has and do not overlap with or interfere with others' rights. These natural rights include life, liberty, property, and the pursuit of happiness.
Common law, on the other hand, is often called "judge-made law." It refers to a set of well-known "common" rules explained by judges over many generations. While the common law and natural law are distinct, they are also intertwined. Judges intended to use natural law to determine the common law rules. The common law is also connected to the natural law through the understanding of contract and agency law, which helps provide context to the original meaning of the Constitution.
In the early 20th century, during the "New Deal" era, many lawyers and politicians abandoned the ideas of natural law. This shift contributed to a modern misinterpretation of the Constitution, particularly regarding the protection of certain rights, such as freedom of speech.
Despite the decline in explicit references to natural law, some scholars argue that legal practice remains shaped by morality and that natural law continues to influence the practice of law. The work of Columbus Langdell, the founder of the inductive case study method, is seen as promising in envisioning the role of natural law in pursuing justice.
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Natural law and positive law
The Constitution of the United States is founded on natural law and higher law principles, which are perpetually binding on all persons. These principles are not generally known, but they are in no way inferior to statutes. Natural law is a philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. It is based on the idea that certain rights and moral values are inherent in human nature and can be universally understood, regardless of enacted laws or societal norms.
Natural law, in the context of the Constitution, is about protecting natural rights. The Ninth Amendment, for instance, protects the rights "retained by the people", which are natural rights that pre-exist government. These rights include freedom of speech, liberty, and the pursuit of happiness. The Founders wanted to explicitly protect these rights to prevent a tyrannical government from ignoring them.
Positive law, in contrast, emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. From a positive law perspective, the absence of explicit protection for freedom of speech in the Constitution would imply that the government could regulate speech. However, the original understanding was that this right was already protected.
The common law, which was explained by judges over generations, is also entwined with natural law. Judges intended to use natural law to determine the rules of common law. For example, Blackstone's principle that "we should live honestly" corresponds to the natural right of individual freedom to acquire and own private property through honest initiative.
Natural law provides a basis for understanding the Constitution and the Bill of Rights. It offers a framework for interpreting the ideas and terms used in these documents, reflecting the natural law philosophy held by the Founders.
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Natural law and the Declaration of Independence
The Declaration of Independence is a document steeped in the language of natural law and natural rights. The text of the Declaration, in its political, historical, and philosophical context, culminates a series issued by the Continental Congresses, marking the independence of the United States from Great Britain.
The Declaration appeals to the "laws of nature and of nature's God", invoking a standard of nature in the absence of an imperial power or international league. This appeal to natural law is a justification for the recognition of the political independence of the new United States. The Declaration's most memorable passage, which justifies not only independence but revolution, is grounded in the theory of God-given rights and man-made government.
The rights invoked in the Declaration, such as "life, liberty and the pursuit of happiness", are expressions of natural rights. These rights, which are said to be self-evidently true, are not explicitly called natural rights, but the inference is clear. The rights of "life, liberty, and property" are also mentioned, with "property" substituted for "pursuit of happiness" from earlier drafts. These natural rights are rights that everyone has and do not overlap with other people's rights.
The Declaration of Independence is a document that relies crucially upon natural law as a premise. The ideas of natural law and natural rights are also important for understanding the meaning of the Constitution, especially the Bill of Rights, and the Ninth Amendment, which protects natural rights not explicitly enumerated in the Constitution. The understanding of the Constitution has been impacted by the loss of the context in which it was written, including the natural law philosophy of the Founders.
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Frequently asked questions
Natural law is a philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason.
The US Constitution is based on the principles of natural law, which are considered perpetually binding on all persons. The Constitution was established to secure each person's natural rights to life, liberty, and property.
Natural rights specify what acts one person cannot morally do to another. They do not specify what a person should do. Examples of natural rights include the right to life, liberty, and the pursuit of happiness.
Natural law serves as the foundation for interpreting the Constitution, especially the Bill of Rights. The Ninth Amendment, for instance, protects natural rights that are not explicitly mentioned in the Constitution, such as the freedom of speech.
