Emergence of Human Rights in America

American Democracy And The Judeo-Christian Bible Series

Human rights have been advanced by both the Judeo-Christian Theology and secular thought right up to modern times with the United Nations Declaration of Human Rights.  When speaking of human rights, we are referring to those freedoms, immunities, and benefits, collectively known as fundamental human rights, enjoyed by all members of free and democratic societies. In order to uphold human rights the focus is on the individual and nation-state to execute responsibilities in the form of duties.  With this in mind let us explore the origin of human rights and the consideration the American Forefathers had for human rights.  There are extensive historical accounts of the events and commentary surrounding the emergence of the US Bill of Rights and other rights presumed by the ForeFathers.  This posting attempted to get to the point quickly. Therefore, much of the background and history have been dispensed as the body of works on this topic is overwhelming.

Human Rights

Human rights history has a foundation in Biblical law.  Early law began with Hammurabi’s Code circa 1750 BC. This law was a collection that consisted of 44 columns of cuneiform writings having 282 laws. The tagline associated with Hammurabi's code comes from Exodus 21:24; “Eye for Eye, Tooth for Tooth, hand for hand, foot for foot.”  However, this law did not deal with theological principles as penalties varied based of social class and immense value was placed on material effects. Hammurabi's Code was of worldly origins being of humans. 

Figure 1: Ten Commandments

Circa 1325 BC, Moses architected the judicial system centering the rule of law and the Ten Commandments, Figure 1. The Ten Commandments begin at Exodus 20 having the first 4 commandments as God's rights while the last 6 protect the rights of the community.  The Ten Commandments, also known as the Decalogue, are written in a negative connotation. When the Commandments are viewed in terms of a modern language equivalents and written in a positive connotation then they become more easily understood in terms of rights.  Theological scholars and the Forefathers viewed the Ten Commandments as the World’s first ‘Bill of Rights’. However, unlike modern bill of rights that secure rights for an individual, the Decalogue protects the rights of others. 

The Ten Commandments

The red text is the modern language equivalent followed by the King James Version of the related Commandment. 

1. God’s right to exclusive alliance. You shall have no other gods before me; Exodus 20:3, Deuteronomy 5:7.
2. God’s right to self definition. You shall not make for yourself a graven image, or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth; you shall not bow down to them or serve them; for I the LORD your God am a jealous God, visiting the iniquity of the fathers upon the children to the third and the fourth generation of those who hate me, but showing steadfast love to thousands of those who love me and keep my commandments;  Exodus 20:4-6, Deuteronomy 5:8-10.
3. God’s right to proper representation by his people. You shall not take the name of the LORD your God in vain; for the LORD will not hold him guiltless who takes his name in vain; Exodus 20:7, Deuteronomy 5:11. (This is not referring to vulgar language. Instead, ‘taking the Lord’s name in vain’ biblically means not doing what you are commanded or supposed to do.)
4. God’s right to his people’s time. For in six days the LORD made heaven and earth, the sea, and all that is in them, and rested the seventh day; therefore the LORD blessed the sabbath day and hallowed it. Exodus 20:11 A households right to human treatment Deut 5:8-10
5. My parents right to respect. Honor your father and your mother, that your days may be long in the land which the LORD your God gives you; Exodus 20:12, Deuteronomy 5:16.
6. The right to life. Thou shall not kill Exodus; 20:13, Deuteronomy 5:17.
7. The right to a secure marriage. You shall not commit adultery;  Exodus 20:14, Deuteronomy 5:18.
8. The right to property. Thou Shall Not Steal; Exodus 20:15, Deuteronomy 5:19.
9. The right to an honest hearing. You shall not bear false witness against your neighbor; Exodus 20:16, Deuteronomy 5:20.
10. The right to secure existence. You shall not covet your neighbor's house; you shall not covet your neighbor's wife, or his manservant, or his maidservant, or his ox, or his ass, or anything that is your neighbor's; Exodus 20:17, Deuteronomy 5:21

List Source: Block, D. (2003). Holman illustrated bible dictionary: ten commandments. Holman Bible Publishers: Nashville. pp 1570-1572.

Jewish and Christians consider the Commandments to be divinely inspired dealing in absolutes and meaning no human has authority to change them. Originating from Rabbinical thought these Commandments are known to be natural rights that stem from Genesis 1:26-27, 9:6 where mankind is created in the image of God. That image within man demands dignity which is given proper levity beginning with the Ten Commandments (Eidsmoe, 1987, p. 367). In general, the Ten Commandments express the man's rights to a secure life, property, home, and fair treatment.  In the Christian view, humans were stewards of the image and the Ten Commandments are the 'rules' to care for the image in others as well as themselves.  The American Forefathers used the Ten Commandments as the purpose for civil government to secure natural rights and not create rights or entitlements. 

"We have staked the whole future of American civilization, not upon the power of government, far from it. We have staked the future of all our political institutions upon the capacity of mankind for self-government; upon the capacity of each and all of us to govern ourselves, to control ourselves, to sustain ourselves according to the Ten Commandments of God." - James Madison (Federer, 1996, p. 411).

The Emergence of the United States Bill of Rights

Figure 2: US Bill of Rights

The foundations for the Bill Of Rights, Figure 2, were derived directly from the Ten Commandments and was ratified by Congress in 1791 but not without a hot debate by the Forefathers.  The Forefathers put into practice philosophical works on natural rights from a host of Christian philosophers to include Montesquieu, Blackstone, Locke, Vattel, etc...  The concept of natural rights was championed by John Locke (1632-1704) who had a powerful influence on the Forefathers being written into the founding documents. 

"Father of the Bill of Rights" is George Mason, an Episcopalian, who strongly influenced the Bill of Rights amendments. Mason was a member of the Virginia House of Burgesses, a lawyer, judge, political philosopher, a planter, and the richest man in Virginia. He was the author of the Virginia Constitution and the Virginia Bill of Rights (Federer, 1996, p. 422).  

"The laws of nature are the laws of God, whose authority can be superseded by no power on earth." - George Mason (Federer, 1996, p. 423).

The United States Bill of Rights

The 1791 ratified Bill of Rights numbered 10 amendments and were designed to uphold the Ten Commandments. Cited below are the ten amendments followed by a brief discussion of the Original Intent.  There is no preferential order to the amendments and some are fiercely debated, even during modern times. The intent of this posting is to discuss the Forefathers intent referring to their own works, sources, and quotes.

All the Forefathers regardless of political posture as Federalist or Anti-Federalists held that God had given all humans certain rights. That the Laws of Nature and Nature's God required respect for those rights.  Human rights are found in the Declaration of Independence and the Constitution, Article 1, Section 9 in addition to the Bill of Rights (Eidsmoe, 1987, pp. 365-366).

Amendment I: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

This amendment has several components. The "Establishment Clause" involves this portion of the amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.  The view of the Forefathers when enacting this clause was to prevent a legal union between the state and a specific church that enjoyed special privileges from the state given its relationship. The state is prohibited from enacting laws favoring one church over another.  i.e. state run church such as the Anglican Church of England.  

James Madison remarked, "There is not a shadow of right in the general government to intermeddle with religion" (Levy, 1999  p. 81). 

Thomas Jefferson wrote to the Danbury Baptist in January 1802 confirming that the intent was not to establish a state run religion, "Believing with you that religion is a matter that lies solely between a man and his God, that he owes no account to none other for faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with solemn reverence that act of the whole American People which declared that their legislature should 'make no law respecting the establishment of religion, or prohibiting the free exercise thereof, ' thus building a wall of separation between Church and State" (Federer, 1996, pp. 324-325).

"The Christian Religion, when divested of the rags in which they [the clergy] have enveloped it, and brought to the original purity and simplicity of its benevolent institutor, is a religion of all others most friendly to liberty, science, and the freest expansion of the human mind" Thomas Jefferson on March 23, 1801 (Federer, 1996, p. 324).

Thomas Jefferson declared, "[Religion] deemed in other countries incompatible with good government and yet by our experience to be the best support" (Federer, 1996, p 334).

These seemingly conflicting statements by Jefferson are actually complimentary. Jefferson espouse a rejection of state operated religion but found that Christianity was the kindest religion towards civil government.  The Forefathers fashioned the government after religious institutions for religious people but rejected any one of the churches as favored.  

Of the Ten Commandments, the operative commandments in the establishment clause are God's right to his people's time, exclusive alliance, and proper representation by his people. The government cannot interfere or compete with God. 

Alexis de Tocqueville confirmed the indirect influence of religion in government and wrote, "One cannot say that in the United States religion exerts an influence on the laws or on the details of political opinions, but it directs mores, and it is in regulating the family that it works to regulate the state" (Tocqueville, 2000, p. 278). In short, theological beliefs shape the people who serve in the government  and consequently shape the government. However,  the government is prohibited from shaping the people under original intent.  Coincidentally, shaping the battlespace, market, or people is an operative information warfare tactic.

However, the Forefathers were clear that America was a Christian nation. Patrick Henry orated, "It cannot be emphasized too strongly or too often that this great nation was founded, not by religionists, but by Christians; not on religions, but the Gospel of Jesus Christ. For this very reason peoples of other faiths have been afforded asylum, prosperity, and freedom of worship here " (Federer, 1996, p, 289). 

The second component of the First Amendment is the Free Press/Speech Clause.  The original effort  in  the Constitutional Convention during 1787 supported only a few rights and omitted many leaving open the possibilities for abuses. This was a massive mistake and heated debates ensued.  The Forefathers esteemed the public sphere and felt that free speech and a free press were critical to the conduct of the public sphere. However, they debated fiercely the extent of the right and if the right even was necessary. 

Jefferson wrote a letter in December 1787 to James Madison urging the Bill of Rights to expressly guarantee the freedom of religion and the press, protections against standing armies and monopolies, as well as fair legal treatment (Mayer, 1994, p 155). 

Of the Ten Commandments, the operative commandments in the free Press / Speech clause are God's right to his people's time, God's right to self-defintion,  God's right to proper representation, and the right to an honest hearing. God has the right to his people and for them to assemble in his name. People have the right to discuss their belief and publish their views in the public sphere.  If anything interfere's with this right then the people have the right to address the grievance in a civil manner. 

Amendment II: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Of the Ten Commandments, the operative commandments are the right to life and the right to a secure existence. Coupled with the right to life is the obvious defense of life when life and a secure existence is threatened by apparent belligerence. The concept of Biblical warfare applies here as well and is an extensive complex subject that is often difficult for many people, especially those not educated in Biblical matters or having a strong foundation in Biblical thought.  The bottom line is that most people will understand is the right to self-defense, including the defense of a state against tyranny even of the national government that is found in some state Constitutions (Levy, 1999, p. 134).  The Forefathers also saw the need for the minutemen in order to establish a secure plant afoot in America or in the modern context a reserve force.  

There are numerous incorrect views of the amendment to include the collective rights theory which incorrectly uses the preamble to assert restrictions on the individual rights to bear arms (Levy, 1999, p. 134). The Forefathers saw the right to bear arms as an individual's natural right. Jefferson praised arms, "Let your gun therefore be the constant companion of your walks" (Levy, 1999, p. 141).  Tench Coxe, a partisan Federalist, wrote in a leading Philadelphia newspaper that "the power of the sword are in the hands of the yeomanry America, ourselves, to prevent the establishment of  standing army, the bane of liberty" (Levy, 1999, pp. 146-147). 

Amendment III: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

The Forefathers observed the quartering of the King's armies in private home during their time. Of the Ten Commandments, the operative commandment is the right to property and a secure existence which also extends to a secure home and family.  Private ownership of property is a key concept among the ForeFathers. Through private ownership of property levity is given to the image in humans as there is purpose to improve the land and develop wealth improving the quality of life.  Hostile and belligerent taking of property is counter to this commandment. Therefore, the Forefathers insisted on asserting that people have the protection against invasive actions by the Government or foreign actors that may occupy and conduct belligerent actions against the citizenry. In fact, this was a grievance in the Declaration of Independence. 

"IX.  He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures."

"XIV.  For Quartering large bodies of armed troops among us."

Amendment IV: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Of the Ten Commandments, the operative commandments are the right to a secure existence, secure home, secure marriage, property, and life. The Forefathers understood the right to privacy in terms of the image in humans and had observed harassment by the King of England's agents and agencies. In fact, this was a grievance in the Declaration of Independence.

"X. He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance."

Amendment V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendments V to XI are outcomes of grievances in the Declaration of Independence.

IIX. He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

IX. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

IIXX. For depriving us in many cases, of the benefits of Trial by Jury.

IXX. For transporting us beyond Seas to be tried for pretended offenses.

Of the Ten Commandments, the operative commandment is the right to a honest hearing as well as the right to a secure existence.  The justice cannot be used to detain people unjustly nor exact unjust penalties.

Many of the Forefathers were attorneys or had legal training. John Adams believed strongly in the right to a fair trial and in the Boston Massacre successfully defended the British commander, LTCol Preston. Two soldiers were branded for manslaughter.  The calm that came out of the trial was due to the fair treatment of evidence and a tribute to the emerging American system of justice.

Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

This is the cornerstone of limited government and stems from the Philosophy of John Locke. Locke modeled the Social Compact Theory after the Calvanist idea of covenant.  The compact is a covenant between humans and government in order to secure rights. The government is given powers by either God and/or the people in order to secure all the natural rights. The concept is found also in the Declaration of Independence.  Once again God's Law is natural law.  Locke was scripturally based,

"Human laws are measures in respect of Men whose actions they must direct, albeit such measures they are as have also their higher rules to be measured by, which rules are two, the Law of God, and the Law of Nature; so that Laws Human must be made according to the general Laws of Nature, and without contradiction to any positive Law of Scripture, otherwise they are ill made." John Locke (Eidsmoe, 1999, p. 62).

The operative Commandment underpinning the tenth amendment is God's right to self-defintion and exclusive alliance. The logic follows that if God is supreme then no other law can rise above his law. Thus, governments are instutited to preserve natural law. 

Conclusion

Human rights, as the Forefathers perceived them, are a derivative from the Bible and Ten Commandments.  God created nature and the architecture of humans begins with a natural embodiment into which the image is given, into which a soul is breathed, and into which the Holy Spirit indwells when invited.  Natural Rights, also known as Human Rights, assert proper stewardship of the image imparting dignity and purpose to humans.  Governments have limited powers, to the extent of assuring that natural rights are secure.  

References:

Berry, L. . (1969). The geneva bible. (1560 E.D.). Hendrickson Publishers Inc: MA.

Eidsmoe, J. (1987). Christianity and the constitution: the faith of our founding fathers. Baker Book House Company: Grand Rapids.

Federer, W. (1996). America's God and Country. William J Federer, Fame Publishing, ISBN: 1-880563-05-3

Federer, W. (2003). The ten commandments and their influence on american law. Amerisearch Inc: St. Louis. 

Levy, L. (1999). Origins of the bill of rights. Yale University Press:  Harrisburg.

Mayer, D. (1994). Constitution thoughts of thomas jefferson. University of Virginia Press: USA.

Schmidt, J. (2006). Making man in reason's image: the enlightenment and the birth of modern humanity. Barnes and Noble. ISBN-13: 9780641967221

Tocqueville, A. (2000). Democracy in america: translated, edited, and with and introduction. University of Chicago Press: Chicago.

Vattel, E. (1758). Law of nations or the principles of natural law in four books. (Electronic E.d.). Lonang Institute.