Natural Law vs. Progressivism Essay

“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.” Thomas Jefferson wrote those words to express the emotions of a nation that desired freedom, and to shake the foundation of the British Empire. However, this simple, but eloquent phrase has sparked one of the greatest debates in American history. Is America a Christian nation? One question has divided the nation and its politicians since the founding and forming of America. This fiery debate has sparked more controversy than any other debate in modern politics.

The American Constitution was influenced partly by Judeo-Christian ideas, mainly that the natural rights of individual should be protected and unalienable. Followers of Judaism surmised that humans were created in God’s image, and as such each individual “has a divine spark that gives him or her a dignity that cannot be taken away” (M.W.H. 12). In the American democracy, the Bill of Rights gives all of the country’s citizens certain rights that are unalienable, and cannot be taken away. As opposed to other forms of government, where the social status of a citizen determined his or her rights, the American Constitution gave all citizens the same rights

The freedom of religion is important to us because it lets us learn our religion freely so we don't have to worry about the country saying. “We are going to only have the religion of the church of England.” or something like that. “ In some instances, they have been seen to erect a spiritual tyranny on the ruins of the Civil authority; in many instances, they have been seen upholding the thrones of political tyranny; in no instance have they been the guardians of the liberties of the people.”(THE ESTABLISHMENT CLAUSE: A CHECK ON RELIGIOUS TYRANNY) This talks about how different religions were getting spiritual tyranny. The people didn't have liberties and were forced to follow one religion or they would’ve been criticised. “For him, America was not a “Christian nation,” but rather should recognize the equality of all believers, whether “Jews, Turks, Pagans [or] Christians.” “Government should protect every man in thinking and speak freely, and see that one does not abuse another.” He proposed an amendment to the Massachusetts Constitution in 1794 because of the “evils . . .

Since before the United States was founded, the ideals of Christianity have been integrated into the government in some way, shape, or form. In the early days of the Colonies, Christianity was the centerfold for all government affairs; however, after the constitution was ratified and deemed effective in the United States, the First Amendment was born. The first amendment states that, “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” (source). In the early life of the United States, the

The unalienable rights of life, liberty, and the pursuit of happiness are mentioned in the Declaration as concepts that all humans possess from their creator. Our central focus of liberty is what makes this country so unique. “I believe in a system of government that places liberty at the center of its concerns.” (Doc B). The reason it is so impactful that liberty is our main fixation is because it gives all citizens the right maintain their own lives and achieve their own goals.

Natural law, the idea that man is born with certain rights, began to take hold in Europe during the 18th century. Natural law recognizes the rights that man alone has at birth,

All throughout the United States, people recite the pledge of allegiance but what they do not see is that the nation was not exactly built on religion itself. American Evangelicals hold a strong belief that the United States was formed through traditional Christian ideals and look to the invocation of God's words in pieces of government. After all, with words like "God and "our creator," one may assume that traditional Christian values were upheld in the creation of the United States political system. However, because of the Enlightenment movement, roughly most of the founding fathers were not practicing Christians. The founding fathers often dabbled in skepticism of theocratic dogma and stood for religious toleration. America's founding fathers were influenced by a kind of

America is a home for people to be free from religious persecution; or at least that is what the nation was found on. As time goes on, it seem as if the foundation of religious freedom that the United States of America was found has been forgotten. The United States government at its earliest establishment had set forth a set of freedoms for all people to feel safe from any persecution. In order to make these a set of established rights, the founding fathers created the U.S. Constitution that holds within itself the Bill of Rights. The Bill of Rights was a call for greater constitutional protection for each citizens, or immigrants, individual civil liberties. During the twentieth century, The United States Supreme Court had a very

America was founded by people who possessed a deeply held belief in the idea of a fundamental right to freedom of religion and freedom of speech. These fundamental beliefs were traced back to the traditions of the English Common Law and the English Constitution. After the American Revolution the first amendment took the form of a collection of fundamental rights contained within State Constitutions. In response to a lack of national power and unity the form of U.S. Government was altered. The newly ratified U.S. Constitution created a form of government of with three branches with stronger enumerated powers. While the new structure a Supreme Court it but did not expressly protect personal liberties like freedom of religion or freedom of speech. In order to ease antifederalist fears of federal encroachments on person freedom, the first ten amendments were added to the Constitution know as the the Bill of Rights. This altered the new form of government by providing federal restrictions. However during Reconstruction the addition of the14th amendment altered the form of government by requiring due process and equal protection for all citizens. Consequently the Supreme Court in the 1920’s changed the form of U.S. government through Judicial activism by applying the protections of the Bill of Rights like the first amendment to include prohibition of infringements States laws. This opened the gateway for further Judicial activism to define the scope and limitations of these

This country was founded on the goal of establishing an unbiased government system. Thomas Jefferson, the author of the Declaration of Independence, proposed “The Virginia Act for Establishing Religious Freedom” and it was passed granting religious freedom to all American citizens there was then and ever will be (Jefferson 481). By establishing laws based on logic and not a specific religion, the government policies can be more accommodating to all people not just people of a specific religion. The writer of the American Constitution, James Madison, stated that one of the reasons religious beliefs will never influence government decisions because forcing a religion is ineffective.

The founding of the New World gave the religiously oppressed people hope to exercise their religious dreams. The non-stop conflicts in Europe between the Church and Protestants led many people to flee from their home countries. Among the first settlers on the New World were the Protestants which were chased by the government in their countries. In the 18th century the religious conflicts led the founders to make the First Amendment in the American Constitution. The Amendment states that the U.S. government wouldn’t have a state-supported church as Britain did. (Wills 58) Today even though religious oppression seems like an ancient problem, it still exists. The U.S. country has

“The laws of Nature are the laws of God, whose authority can be superseded by no power on earth”-George Mason 1772(Founding Fathers 2). The presence of God is in every part of America. The Christian religion was brought to American shores by nearly all who immigrated to the United States. The American nation was built on the principles of “one nation under God” and now people want to erase Him from everything. ‘I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all’. By stating allegiance to the flag allegiance is given to country; a country founded on Christian principles and a belief in God. The words “one nation under God”

Patrick Hart in the text “Are there Any Natural Rights?” argues, that if there are any moral rights, then there exists at least one natural right, the equal right of all men being free. This right is not created or conferred by men’s voluntary action; other moral rights are. “No man has an absolute or unconditional right to do or not do any particular thing or to be treated in any particular way, coercion or restraint of any action may be justified in special conditions consistently with the general principal (152).” Hart argues that the right of all men to be free is absolute, indefeasible, or imprescriptible. Natural rights are those not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable.

In this paper, I will argue that a combination of Natural Law Theory and Utilitarianism best captures what should be required in terms of respecting natural rights.

According to Jenkins, “The natural law theory begins with theories about the nature and purpose of the world and moves on to ask about the purpose of every action or object. The right thing to do is that which fulfils the natural purpose.” Natural law was developed by Thomas Aquinas, in which he believed that there is such a thing as natural moral law. Natural law ethics depends on the belief that the world was designed by a creator, God. It teaches everything God made has a purpose, including every aspect of human life, and everything should work towards the purpose assigned to it. If we fulfil this purpose we do ‘good’, for example it is good to preserve life (“Do not kill”). If we frustrate the purpose for which something has been