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