Natural Rights, Social Contract, and the Declaration of Independence

The Intersection of Privacy and Security: The TSA Example

  • When an individual undergoes security screening by the Transportation Security Administration (TSA), they are essentially relinquishing certain private protections.
  • This process involves the surrender of the Fourth Amendment right, which protects against unreasonable searches and seizures.
  • The justification for this exchange of fundamental rights is primarily rooted in security concerns stemming from the events of September 11 (09:1109:11).
  • Citizens engage in this trade-off—sacrificing privacy and constitutional rights—to obtain the safety and security required for modern travel, effectively acting as a form of insurance against potential threats.

Historical Context and Authorship of the Declaration of Independence

  • The Declaration of Independence is a seminal document in Enlightenment thought, famously written by Thomas Jefferson.
  • The document functions as a formal justification for the American colonies' decision to sever ties with Great Britain.
  • The preamble of the document specifically outlines why the American colonists were "breaking up" with Britain, framing the revolution as a necessary and justified action under specific conditions.

The Preamble and the Justification for Dissolution

  • Jefferson establishes that a decent respect for the opinions of mankind requires a clear declaration of causes when a people chooses to separate from their current political structure.
  • The document states: "When in the course of human events, it becomes necessary for one people to dissolve the political ban which have connected them with another and to assume among the powers of the earth, the separate and evil station to which the laws of nature and nature's god entitle them, a decent perspective of the opinions of mankind requires that they should declare the causes which impel them to the separation."
  • The philosophical underpinning here is that if a group is to start a revolution and break a political bond, the "decent thing to do" is to provide an explanation for such actions to the world.

Strategic Audience and Dual Purpose of the Document

  • While the grievances listed in the document are directed toward King George III, the intended audience was not limited to him.
  • The document was not intended to be a private letter; instead, it was published widely throughout the American colonies and the Western world.
  • The purpose of the document was twofold:
    • Internal Mobilization: To rally the American troops and colonial citizens to fight in a war for independence.
    • External Support: To secure essential foreign allies. These allies were crucial because, by standard military expectations of the time, the Americans were statistically unlikely to win the war against the British Empire without external assistance.

Enlightenment Thought: Natural Rights and the Influence of John Locke

  • The most famous line of the document reflects core Enlightenment values: "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."
  • This specific phrasing is a direct reflection of Enlightenment philosophers, most notably John Locke and his Second Treatise on Civil Government.
  • Key concepts of Natural Rights include:
    • Divine Origin: Rights such as life, liberty, and the pursuit of happiness are given to people by their creator.
    • Non-Governmental Source: Because these rights originate from the creator rather than a king or a government, the government does not have the authority to grant or revoke them.
    • Inherent Value: Natural rights are unalienable, meaning they cannot be taken away by any governing body.

Popular Sovereignty and the Social Contract

  • The purpose of government is explicitly defined as the protection of these inherent natural rights: "That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed."
  • This framework incorporates the ideals of Jean-Jacques Rousseau, specifically the concepts of popular sovereignty and the social contract:
    • Popular Sovereignty: The principle that the power to govern resides in the hands of the people, not a monarch.
    • Social Contract: This is the agreement where people willingly surrender a portion of their power to a government. This surrender is not absolute; it is done specifically to ensure the protection and security of their remaining natural rights.
  • The logic follows a chronological progression:
    1. People are born with natural rights inherent to their status as human beings.
    2. To protect these rights from infringement, people consent to the creation of a government.

The Right to Alter or Abolish Government

  • The social contract is a reciprocal agreement; however, governments have the potential to become tyrannical or fail to uphold their end of the bargain.
  • Jefferson asserts that "whenever any form of government becomes destructive of those ends," meaning it fails to protect natural rights or actively infringes upon them, the social contract is broken.
  • In cases of government failure, the people possess the fundamental right to "alter or abolish" that government.
  • Upon abolishing a tyrannical government, the people have the right to institute a new government. This new structure should be founded on principles and organized in a form that the people deem most likely to ensure their safety and happiness.
  • The Declaration of Independence served as the formal notice that the American colonists intended to enact this right, abolishing the existing British rule to build a new system that would protect their rights.

Questions & Discussion

  • Question: Why did this document have to be written as a public document rather than a private letter to the King?
  • Response: The audience was key. Jefferson could have sent it privately to King George since the grievances were against him, but the document needed to be public to rally domestic troops and secure the foreign allies necessary for a war that was statistically unfavorable for the Americans.
  • Question: What are the specific influences on the phrasing of rights in the Declaration?
  • Response: The phrasing regarding "life, liberty, and the pursuit of happiness" is a clear example of Enlightenment thought, drawing heavily from John Locke’s Second Treatise on Civil Government. Additionally, the concept of the social contract and popular sovereignty draws from the works of Rousseau.
  • Question: What is the specific context provided by the participant regarding the "thinky thinkies" of the Enlightenment?
  • Response: The participant describes a hypothetical scenario where one might be with friends using "bad words" and is suddenly struck with the intellectual inspiration or "thinky thinkies" of the Enlightenment, leading to a transition into the heavy philosophical concepts authored by Thomas Jefferson.