Tuesday, April 18, 2006

Natural Rights and Civil Rights

As a history buff, and a soon-to-be history teacher, I have been fascinated by some recent discussions raised from the illegal immigration debate. These discussions have turned to the rights illegal aliens actually possess. Do they have Natural Rights or Civil Rights? These were the questions raised during the period known as the Enlightenment. Of the many defining principles that sprung from the 17-18th centuries, perhaps one of the most important was the belief that all men have Natural Rights. American colonists were heavily influenced by Enlightenment thinkers such as the English Philosopher, John Locke. In fact, many of Locke’s ideas were embodied in the Declaration of Independence and U.S. Constitution. Here are two well known excerpts from the DoI:

“When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

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. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.” (Emphasis mine).

The concluding paragraph of our DoI reads:

“We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.” (Emphasis mine).

Right off the bat we see the term “right” being frequently used. What rights did the Americans believe were being trampled on by the English Crown? Their Natural and Civil Rights. They defined “Natural Rights” as: “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.” The Declaration then defines “Civil Rights” as: “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, —… laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.” So Natural Rights apply to every human being, and are derived from God. Natural Rights include: life, liberty and the pursuit of happiness – one might also add the right to own property. Civil Rights are derived from governments, which receive their powers from the citizenry, designed to protect Natural Rights.

By the 18th century, Colonial America had long felt unique and independent from Europe. Most colonists had never seen England, and thus felt no loyalty to the British Crown. Add to that, their firmly established belief that citizens make social contracts with governments to protect Natural Rights with Civil Rights. What resulted was one of the most profound advancements in government the world has ever known.

As we scutter back to the 21st century, keep in mind the historical background of the Enlightenment’s influence on American politics.

The clear message coming from illegal aliens marching in our streets is that they demand and deserve Civil Rights. But do non-citizens have the right to demand anything from a foreign government? The clear answer is: no. No, non-citizens do not have Civil Rights from foreign governments. For example, Mexicans have Civil Rights in Mexico, and nowhere else.

I can also firmly say that no one questions the fact that illegal aliens have Natural Rights before God. They have the right to life, liberty and the pursuit of happiness – but it is their own nation that is responsible for giving them these rights, and not a foreign nation like the United States of America. Mexicans have made a social contract with the government of Mexico, and it is the Mexican people’s responsibility to “alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

It might be asked: “Upon what basis are they demanding Civil Rights from a foreign government like the United States?” I have heard proponents of illegal immigration compare illegal aliens to the American colonies declaring independence and even the Civil Rights Movement of the 1960’s.

The American colonists argued that the English King failed to keep his end of the social contract with his subjects by not protecting their Natural Rights through Civil Rights. Illegals, since they have no Civil Rights under the U.S. Constitution, cannot claim that their Natural Rights are being denied by the American government.

Then there’s the Civil Rights Movement, whose aim it was to win the Civil Liberties being denied to black citizens. Black Americans were being denied liberties rightfully theirs, and by contrast, illegals aren’t being denied any liberties because the U.S. Constitution doesn’t apply to them.

I think the debate surrounding illegal immigration would be greatly benefited if both sides took the time to review the historical information over these same issues.

Count Casie

10 Comments:

At 9:02 PM, Blogger The Paasch-inator said...

Thank you, Casey, for your very thorough description of the difference beetween natural and civil rights. I have also examined these carefully to see if my theory has been in any way unlawful. These following are my conclusions.

Obviously, our country is founded on a firm belief in the existence of every man's natural rights - rights to life, liberty, and the pursuit of happiness. Unfortunately, our nation's border system, as it currently stands, does NOT uphold these rights for many immigrants seeking entry to the United States. I have seen many immigrants - yes, even fellow believers - treated horribly by border guards, who seem to reserve the right to treat everyone exactly as they so desire. This is the Mexican-American border today. It is a system of prejudice and racism. Indeed, this is the troubling state of affairs throughout the nation's borders. Indeed, in the wake of 9/11 many Arabs and other Middle Eastern immigrants "suspected of terrorism" were held hostage without prior questioning. Although I have not seen our border systems uphold the natural rights of immigrants seeking entry, I am glad that you do, and have taken pains to make this point clear. But this is the reason that I so strongly uphold the cause of the immigrant. He is not always right - in fact, I oppose his plea for civil rights, as well - they are not due him according to the laws of our country. But there is a common justice that must be held sacred - and is not.

Secondly, I do not believe that illegal immigrants have any civil rights in our country whatever. Their audacity to make such a plea is shocking even to me. However, I understand why they protest by the tens of thousands in our capital. Now hear me out on this. I readily admit that there are those illegal aliens who have no respect what for the law, and would not uphold it even it was just. I also stand by the fact that illegal immigrants ARE law-breakers. But my goal is not to keep them out, to bar these suffering and poorest of the poor from entering our country. In fact, I have seen the tremendous amounts of unskilled labor they have provided us with, and am exceedingly grateful for the helpful role they play in our economy. (However, this is not the point I wish to expound on - we've taken that one as far as it can go, and - I think - have agreed to disagree there!) We have made the process of gaining citizenship virtually impossible - let alone obtaining a legal worker visa. As I explained before, the process stipulates that a company, agency, or church must prove that no one else in the entire United States can possibly fill the role that the immigrant is seeking; a sum must then be paid of a minimal 2000 dollars.

Perhaps this whole argument seems useless to you, because you do not believe that these immigrants serve any useful purpose in our economy. You have often said before that my argument is marred by the fact that these immigrants are law-breakers. I understand your point of view. However, having seen the other side of the issue and the real, genuine suffering of these people; the virtual impossibility that often arises to provide for their families. You say that their government should provide - the hard truth is this: it doesn't. Should we not be more than willing to at least look into their need? I would think so - especially remembering the similar plight of our forefathers - the original immigrants of America. I do not believe that this is a battle between conservatives and liberals, Democrats and Republicans - this is between the truths on which our country was founded (which you have here quoted so dutifully), and the selfish prejudices spawned by many Americans today.

Our nation once prided itself in its status as a haven for the masses, for the alien - those "tempest-tossed... yearning to be free...". We are now beginning to be known for quite the opposite. Is this new image one of necessity, tailored to fit our changing times? I'm afraid not.

It is ludicrous to compare the cause of these illegal immigrants to the American Revolution or to the Civil Rights Movement of 60s. It is, however, a right that must be upheld and looked after.

These are my conclusions - I hope you eventually get through all of this. :) Tell me what you think.

In Him,
Hannah Paasch

 
At 1:26 AM, Blogger rustypth said...

What’s up Hannah =),

Thanks for your comment. Before I offer a response I just want to stress that I am well-meaning in how I respond. I in no way will get heated – in fact it takes quite a bit for me to get upset these days – and I’m sure you can agree that even if we disagree, the discussion is beneficial for both of us. I’m only reiterating this for the sake of reiteration, and I do look forward to the dialogue. I will do my best to properly understand your arguments and respond appropriately. And now, without further a due …

You began: “Obviously, our country is founded on a firm belief in the existence of every man's natural rights - rights to life, liberty, and the pursuit of happiness. Unfortunately, our nation's border system, as it currently stands, does NOT uphold these rights for many immigrants seeking entry to the United States.”

You are absolutely correct that every human being on the planet possesses Natural Rights given to them by our triune God: rights to life, liberty, the pursuit of happiness (and property). However, one’s Natural Rights are only protected by your native state, and not by foreign states. Therefore it is not the duty of the United States to protect the Natural Rights of non-citizens. The United States is only responsible for protecting the Natural Rights of citizens, and these rights are protected by Civil Rights.

You continued: “I have seen many immigrants - yes, even fellow believers - treated horribly by border guards, who seem to reserve the right to treat everyone exactly as they so desire.”

I certainly believe that all of our law enforcement, be that our military, police force, or border patrol, all act humanely towards their fellow human beings. If our law enforcement is caught abusing their authority (which I’m sure happens from time to time) they should be punished accordingly.

You wrote: “This is the Mexican-American border today. It is a system of prejudice and racism.”

I honestly do not believe that there is a major problem of racism in this country. In fact, most Americans today are not racist at all. So to say that our border is “a system of prejudice and racism” seems to imply that we are racist against Mexicans, Arabs, what-have-you, and that is completely untrue. The American border exists for a couple reasons: (1) to restrict the number of immigrants and (2) national security. We restrict the number of immigrants that enter the U.S. each year because we only want those beneficial for our culture and economy, and to prevent overcrowding. This is in no way “racist” or “prejudice” towards Mexicans, Arabs or any other race. Since the U.S. only allows somewhere around 500,000 immigrants each year, we have to select those that will best benefit the American economy and culture.

You said: “Although I have not seen our border systems uphold the natural rights of immigrants seeking entry, I am glad that you do, and have taken pains to make this point clear. But this is the reason that I so strongly uphold the cause of the immigrant. He is not always right - in fact, I oppose his plea for civil rights, as well - they are not due him according to the laws of our country.”

It isn’t the job of the American border to “uphold the natural rights of immigrants seeking entry.” The American border exists to protect the rights of its citizens, and not to protect the rights of illegals.

I’m glad we agree that the American government does not owe illegal aliens Civil Rights. Since you agree with me on this, there really isn’t much to debate =). If illegals have no Civil Rights here, then the United States does not defend their Natural Rights. The only right illegals have is to peaceably march back to their native state.

You wrote: “Now hear me out on this. I readily admit that there are those illegal aliens who have no respect what for the law, and would not uphold it even it was just. I also stand by the fact that illegal immigrants ARE law-breakers. But my goal is not to keep them out, to bar these suffering and poorest of the poor from entering our country. In fact, I have seen the tremendous amounts of unskilled labor they have provided us with, and am exceedingly grateful for the helpful role they play in our economy. (However, this is not the point I wish to expound on - we've taken that one as far as it can go, and - I think - have agreed to disagree there!) We have made the process of gaining citizenship virtually impossible - let alone obtaining a legal worker visa.”

My goal is not to keep out every non-citizen in the world. But the United States can only accept so many legal residents each year. Otherwise the result is overcrowding, multiculturalism, and a weakened economy.

When you said, “But my goal is not to keep them out, to bar these suffering and poorest of the poor from entering our country,” did you mean that every suffering and poor person in the world who wants access to the United States should be allowed legal residency?

You said: “You say that their government should provide - the hard truth is this: it doesn't.”

As I mentioned in this blog entry, the Enlightenment Thinkers, and our nation’s Founding Fathers, believed that all citizens make social contracts with governments. In other words, the citizenry is what gives government its power and authority. If citizens are unhappy with their system of government, it is up to them to change that system – violently if necessary. We see this principal described in the Declaration of Independence: “But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” So we all agree that Mexico is a corrupt government that wastes the many resources available to her. As a result, the people suffer. But the fact remains that this problem is the Mexican people’s problem. Now, if a peaceful revolution (or violent revolution – under the right circumstances) were taking place, the United States might consider contributing to the rebellion (like France aided the American Revolution). Until this happens, there is little we can do. Mexico has essentially slapped us across the face by encouraging her citizens to illegally cross into the U.S.

You wrote: “Should we not be more than willing to at least look into their need?”

The American people have made their social contract with the American government to protect their own rights. When we elect our representative government we are electing these representatives to serve us and our interests. Seeing how we must constantly work to provide new jobs for American citizens, improve the economy, increase the standard of living, and fight our ever-increasing debt, our government is busy enough with its own concerns. Even so, the United States is the most generous nation in the history of the world. Every single year we give away billions of dollars to fight disease in foreign lands, to fight poverty abroad, and to help stimulate foreign economies – all the while we have troubles of our own. So we are doing our part already. In fact, I think we do too much. We need to first solve our own problems before we can worry about the problems of other peoples.

Thanks for your comment Hannah. I hope this was beneficial for you.

In the triune Lord of majesty,
Count Casie

 
At 12:21 PM, Blogger JJ Brenner said...

Ahh the immigration debate again.

What to do, what to do?

BTW why have you been signing your blogs "Count Casie?"

The count part is fine, but spelling you name like that is kinda g to ay

 
At 12:26 PM, Blogger Hobster said...

1. I caught the Count Casie joke. Just so you know that it's not that obscure.

2. Some fun reading on the less than temporary nature of "guest workers", Mexican treatment of illegals, and Mexican immigration policies.

 
At 1:10 PM, Blogger rustypth said...

Jayj -

I'll give you a hint: swing/jazz music

 
At 1:21 PM, Blogger The Paasch-inator said...

Count Casie... Count Basie! ! I just got it!!! It makes complete sense now! Wow... I will never cease to be amazed by the nicknames you come up with for yourself, Casey. That's great. Classic.

Anyway... I do have some thoughts on your last comment... but it may take me quite a while to properly formulate them, considering my next two weeks of finals. Thank you, though, for responding so thoroughly. God bless.

 
At 11:04 AM, Blogger Lockheed said...

Casey,

...no one questions the fact that illegal aliens have Natural Rights before God...

On what Biblical basis can we say this, not just of illegal aliens, but of anyone? And if we have a basis for that, what 'Natural Rights' are they and where are they defined?

 
At 2:26 PM, Blogger rustypth said...

Micah! Good to see you mate =)

“I can also firmly say that no one questions the fact that illegal aliens have Natural Rights before God.” … I should have been more clear that the discussion about Natural Rights during the Enlightenment were rights before other men. They reasoned that since men receive life from the Christian God (most held to a Christian worldview, with a few deists here and there), they had rights before other men not to abuse the life given them. The same argument was made for liberty, happiness, and property.

The Enlightenment Thinkers were not demanding these rights from God as though they had earned life, liberty, happiness or property. But because the Lord freely gives them to men (which we recognize as the common grace of God) why should men infringe on these rights? Men are to abide by God’s Moral Law.

Hope this helps to clarify what the Thinkers of the Enlightenment believed.

Rustoleum

 
At 3:38 PM, Blogger Lockheed said...

I believe it is impossible to provide a Scriptural basis for a view which states that God has given each and every man "the right" to liberty, happiness, and property.

Throughout the course of history these "rights" have been the exception and not the rule. If we wish to say that these rights are the rights of individuals within a civilized society, fine, but I believe it is impossible to declare that God intended, or has granted such rights to every man.

You write: "They reasoned that since men receive life from the Christian God (most held to a Christian worldview, with a few deists here and there), they had rights before other men not to abuse the life given them."

If it is on the basis of men being made in the image of God that we are to define rights then the Law provides some concept of what rights individuals have. Yet when one looks at the Law of God in the Old Testament, one finds a much different concept of "rights" then we here in 21st Century America hold. Consider that in the OT Theocracy indentured servitude and other forms of slavery. Even in the New Testament we find very little discussion of such "natural rights".

Far from "life, liberty and the pursuit of happiness", the Bible seems to indicate that life on this terrestrial ball will be filled with strife, slavery and misery due to sin and that any diversion from that pattern is the result of God's graciousness.

The Lord graciously freely gives liberty to some men, be it political or spiritual. Others remain in bondage, again according to His will. God has created some men to rule over others and has intended that the happiness of some be cut short.

Men are not "created equal" in any way except that they're alike under sin. Our Creator chose to create us however He wished for whatever purpose He wished.

It may be fine to consider these terms and concepts in the bounds of political and physical realm, that is, that all people in a civilized society deserve or should be granted such rights. But to say that God has endowed every man with the right to life, liberty and the pursuit of happiness is both naive and unBiblical and seems not to take into account the grand scope of both human history and God's intention.

We in America live in a very special place and time where these "rights" we so easily take for granted are available to anyone who is a citizen here, however, this too is simply a graciousness from God for a season.

 
At 1:10 AM, Blogger rustypth said...

Micah,

I don't think I disagree with any particular point =)

 

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