Anaya Nolan
The Federalist Papers are a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym Publius. They were written between 1787 and 1788 to promote the ratification of the Constitution of the United States. The term natural law appears in Federalist No. 51, where Madison discusses the need for checks and balances in government and reflects on human nature. In this essay, Madison argues that the government must first enable itself to control the governed and then oblige itself to control itself, creating a communion of interests and sympathy of sentiments between the rulers and the people.
| Characteristics | Values |
|---|---|
| Natural Law as the Basis of Moral Government | Natural Law is the will of the Creator revealed through scriptures and conscience |
| Natural Law is an essential element in the nation's "freedom and unity" formula | |
| Natural Law is a familiar thread in the work of Greek and Roman philosophers | |
| Natural Law is a product of "the transcendent law of nature" | |
| No legislative act contrary to the Constitution can be valid | |
| Federalist No. 51 | Emphasizes the need for a partition of power among different departments |
| Stresses that each department should have a will of its own | |
| Notes that the State of Rhode Island's separation from the Confederacy would lead to insecurity of rights | |
| Federalist No. 84 | Argues that a Bill of Rights is unnecessary as rights are already protected |
| Rejects the idea that enumerating rights would limit the rights protected |
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What You'll Learn
Natural law as a basis for moral government
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. These laws are discoverable through reason and are independent of enacted laws or societal norms. It is a theory in ethics and philosophy that asserts that intrinsic values govern human behaviour and reasoning. Natural law maintains that rules of right and wrong are inherent in people and are not created by society or courts.
The Founding Fathers of the United States regarded natural law as an essential element in the nation's "freedom and unity" formula. The Declaration of Independence begins with an appeal to "the laws of nature and of nature's God." According to Madison, the U.S. Constitution was a product of "the transcendent law of nature." Alexander Hamilton called it "a fundamental law" and concluded that "no legislative act... contrary to the Constitution can be valid."
Throughout history, enlightened societies that tried to align their legal codes with natural law have prospered. The theory of natural law states that civil laws should be based on morality, ethics, and what is inherently correct. It holds that there are universal moral standards that are seen across time periods and societies, and these standards form the basis of a just society. Natural law is concerned with both exterior and interior acts, or action and motive. Simply doing the right thing is not enough; the motive must also be right.
Natural law theorists often incorporate several ends and values to detect the principles and rules of natural law. For example, John Finnis develops natural law based on seven basic goods: life, knowledge, play, aesthetic experience, sociability, practical reasonableness, and religion. Finnis believes that a ruler's authority is defective if he makes stipulations intended not for the common good but for his own advantage. Similarly, Ronald Dworkin's views on legal principles and judicial obligation are inconsistent with legal positivism's core commitments, placing him in the naturalist camp.
In conclusion, natural law serves as a basis for moral government by providing a set of inherent and universal moral principles that govern human behaviour and reasoning. It guides the creation and interpretation of laws, promoting justice and prosperity in society.
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The US Constitution and natural law
The US Constitution is deeply rooted in the principles of natural law. The Founding Fathers of the United States regarded natural law as a fundamental element in the nation's pursuit of "freedom and unity". The Declaration of Independence, which sets the tone for the Constitution, begins with an appeal to ""the laws of nature and of nature's God".
Natural law, as a concept, refers to laws of morality that can be understood through human reason. It is a "higher" law, superior to any laws made by governments, and forms the basis of legal traditions. According to Cicero, natural law or "true law" is "right reason in agreement with nature". It is universal, unchanging, and everlasting, and it guides individuals towards duty while prohibiting wrongdoing.
The Founding Fathers, influenced by Greek and Roman philosophers, Anglo-Saxon common law traditions, and European and English political philosophers, viewed the US Constitution as an expression of this higher, natural law. Alexander Hamilton, for instance, referred to the Constitution as a "fundamental law", asserting that no legislative act contrary to the Constitution could be valid. Thomas Jefferson, in his First Inaugural Address, emphasised that the law should "restrain men from injuring one another [but] leave them otherwise free to regulate their own pursuits".
The Constitution, therefore, serves to protect natural rights, which are rights that everyone inherently possesses, such as the right to liberty and freedom of speech. These rights are guaranteed by the Constitution and are considered to pre-exist government. The Ninth Amendment, for example, acknowledges that there are rights "retained by the people", indicating that the enumeration of certain rights in the Constitution does not diminish the protection of other natural rights.
In conclusion, the US Constitution is underpinned by the principles of natural law, which the Founding Fathers regarded as essential for a free and united nation. The Constitution seeks to protect natural rights, ensure moral governance, and uphold the ideals of freedom and justice that are central to the American identity.
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Natural law in the Declaration of Independence
The Declaration of Independence is a proclamation made by the Second Continental Congress in 1776, announcing that the 13 American colonies, then at war with Great Britain, regarded themselves as independent states and were no longer under British rule. One of the key figures in drafting this document was Thomas Jefferson.
The Declaration of Independence is steeped in the principles of natural law. The document begins with an appeal to "the laws of nature and of nature's God," reflecting the belief that certain rights are inherent and inalienable, derived from the natural order of things and the will of the Creator. This idea of natural rights was not unique to the Declaration of Independence but had been previously expressed in documents like the Magna Carta and the charters granted to American colonies, which promised colonists the basic rights of Englishmen.
The specific phrase "laws of nature and of nature's God" in the Declaration of Independence is a reflection of the influence of natural law on the Founding Fathers' thinking. Natural law, as defined by Cicero, is "true law," universal, unchanging, and everlasting. It is a moral standard that exists independently of human laws and is based on reason and nature. According to Cicero, natural law "summons to duty by its commands and averts from wrongdoing by its prohibitions."
The Founding Fathers regarded natural law as essential to the nation's "freedom and unity." They believed that governments existed to protect these natural rights, and when a government failed to do so, the people had the right to alter or abolish it and form a new government that would better secure these rights. This right of revolution, as expressed in the Declaration of Independence, was a powerful statement of the importance the Founding Fathers placed on natural law and individual liberties.
Thomas Jefferson, in his First Inaugural Address, articulated a role for government that was consistent with the principles of natural law: "restrain men from injuring one another [but] leave them otherwise free to regulate their own pursuits." This sentiment captures the essence of natural law in the Founding Fathers' philosophy, where the role of government is to protect the natural rights of its citizens while allowing them to pursue their own happiness and freedom.
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Natural law and the Bill of Rights
The Bill of Rights is rooted in the idea of the primacy of egalitarian, autonomous, individual "natural rights" to "life, liberty, and the pursuit of happiness". The natural law is the foundation upon which the spirit of the Constitution is built. The Founding Fathers of America regarded natural law as an essential element in the nation's "freedom and unity" formula. The Declaration of Independence begins with an appeal to "the laws of nature and of nature's God".
The common law and the natural law are entwined, but they are not the same. The common law was explained by judges over many generations, creating a well-known "common" set of rules. The judges of that era intended to use the natural law to determine what those common law rules were. The common law is explained by judges, but the natural law is the nature of people rather than whatever any judge says. A core part of the natural law is "natural rights". Natural rights do not comprise all of the natural law, but perhaps they are the most important part. Natural rights specify what acts one person cannot morally do to another. They do not specify what a person should do.
The rights contained within the Bill of Rights recognize various natural rights, specifically those of a person's liberty to do those acts not harmful to others. The Fourth Amendment, for example, protects private property where it isn't used to conceal evidence of harm to another. The right to "assistance of counsel" was meant to overturn the common law prohibition on hiring counsel in non-treason felony cases. This would clearly fall within the natural right of property and liberty to hire the counsel of one's own choice with their own money.
The Founding Fathers of America understood that enlightened societies that tried to align their legal codes in accordance with Natural Law have prospered. The U.S. Constitution was completed, with its framers looking upon it as an expression of this higher law. According to Madison, it was a product of "the transcendent law of nature". Alexander Hamilton called it "a fundamental law" and concluded that "no legislative act... contrary to the Constitution can be valid".
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Natural law, natural rights, and American constitutionalism
The Founding Fathers of the United States were influenced by this tradition, and it is reflected in key documents such as the Declaration of Independence, which begins with an appeal to "the laws of nature and of nature's God." They understood the importance of aligning legal codes with natural law, believing it to be crucial to the nation's "freedom and unity." According to Alexander Hamilton, the US Constitution, which they crafted, was a "fundamental law" and "a product of the transcendent law of nature."
Natural law was also central to the colonial champions' thinking during the imperial crisis with Britain in the years leading up to the Declaration of Independence in 1776. Both sides drew from the complex tradition of natural law philosophy, but they often appealed to different, and even conflicting, interpretations. The tension between these varying understandings of natural jurisprudence would have significant implications for the evolving and ultimately incompatible British and American conceptions of the empire.
The natural law and natural rights tradition is a complex and multifaceted body of moral and political thought. It is unified by the agreement that the principles of right and wrong, justice and injustice, are naturally occurring rather than man-made. Thinkers and statesmen who subscribe to this tradition believe that the standards guiding political and social life are accessible to human reason. This belief has been echoed by influential figures throughout history, from Plato's Socrates to Abraham Lincoln and Martin Luther King Jr.
In conclusion, natural law, natural rights, and American constitutionalism are interconnected concepts that have had a profound impact on the development of American political thought and governance. The natural law tradition has provided a framework for understanding rights, sovereignty, and constitutional government, shaping the way American leaders approach these critical issues. The Founding Fathers' embrace of natural law as a guiding principle in the creation of the United States continues to influence the nation's political and legal landscape.
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Frequently asked questions
The term 'natural law' can be found in Federalist No. 51, authored by James Madison and Alexander Hamilton.
In the context of Federalist No. 51, Madison and Hamilton argue for the preservation of liberty through the separation of powers in government. They emphasize the need for each department to have its own will, independent of the others.
The concept of 'natural law' is significant in the Federalist Papers as it reflects the Founding Fathers' belief in the importance of natural rights and the rule of law. It also influences their understanding of the Constitution as an expression of a higher law or "fundamental law."
