A taste:
We define civil rights in the context of the founding of the United States Constitution, and in many respects they are best understood in that light. The first place in which to find that context is the Declaration of Independence, which declares the meaning of civil rights.[1] Secondly, we have the best indigenous articulation of civil rights from that founding father who also best explained the relation between civil rights and natural law: James Wilson. Thirdly, reviewing illustrative Supreme Court defenses of civil rights can quickly reveal how far the decisions of the justices were regulated so as to tie advances in civil rights to an advance in understanding natural law (even for persons who would disavow reliance upon natural law). Finally, the seminal statement of Dr. Martin Luther King, Jr. in his “Letter from a Birmingham Jail,” clearly expresses the fundamental ground of equality identified by James Wilson (and the Declaration of Independence) as essential to civil rights; it also invokes the entire sweep of Western reflection on the meaning of justice in such a way as to show the pursuit of civil rights as nothing less than perfecting civil relations in light of natural law.
6 comments:
Dr. Rowe - great post and link to Dr. Allen's fascinating article. I particularly like the nlnrac website because under Education Materials (left-hand side of screen) they provide a useful Glossary and a great Study Guide for teachers and students alike.
It's my pleasure and yes that site does have great resources.
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I've been doing some learning regarding the difference between civil rights and the rights of citizenship.
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I'm wondering what serious scholars have to say about the impact on either that is addressed in our Declaration of Independence. Does anyone reading this have any knowledge about this?
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Can I please get a comment on this issue?
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Phil:
Have you read Akhil Amar's book on the 14th Amendment that traces the source of modern American Civil rights to the "privileges or immunities" clause of the 14th?
When the DOI refers to unalienable natural rights, they, obviously, are not citizen specific. The Constitution? That's perhaps a different matter.
Excellent coverage of James Wilson. I'd like to ask Tom if he agrees as I know TVD has urged us to re-read this unjustly neglected founder.
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