Right Issues in America and the Legacy of John Locke

In the *Two Treatises of Government*, John Locke defended the idea that all men are naturally free and equal, opposing the belief that God has made people inherently submissive to a monarch. In the state of nature, every individual possesses the rights to life, liberty, and property. Locke asserts that natural laws have influenced humanity, establishing moral truths that apply to everyone. His concept of rights is rooted in the theory of natural rights and rationality. Natural rights are inalienable rights to life, liberty, and property, and reason dictates that we must recognize others' rights as well. In a natural state, these inalienable rights are respected and secured, and all human beings exist in perfect equality.

America was founded on the philosophy of John Locke. During the time of independence, the Founding Fathers found a new moral and philosophical framework in Locke’s ideas to establish the new nation. Although some inconsistencies and ambiguities in Locke’s natural rights philosophy were overlooked, its influence is evident today in issues such as abortion rights, expanding government, immigration, tax policies, international wars, and political polarization.

Locke describes a state of nature as free and equal, guided by the law of nature or reason, which instructs individuals not to harm others in terms of life, liberty, and property. From this state of nature, he formulates his theory of natural rights, which exist before the establishment of government and civil society. Rousseau argues that nature is not an objective reality, as Locke fails to account for intrinsic human traits such as pride, envy, and fear of others. Additionally, a contradiction in Locke’s theory lies in its unclear stance on the supremacy of laws. While he bases his natural rights theory on Christian theology, which posits that all rights belong to God, Locke maintains that life, liberty, and property are inalienable rights granted by God.

In a state of nature, individuals may choose to violate rights at their discretion. This natural equality leads to a scenario where everyone acts solely according to their own judgment. The absence of an external force to regulate human behavior can result in what Hobbes describes as a natural state of war, characterized by a life that is solitary, poor, nasty, brutish, and short. Locke’s argument is that humans, utilizing their God-given capacity for reason, exercise their fundamental rights—life, liberty, and property.

Free individuals relinquish some rights to the government in exchange for benefits and services. This exchange forms a social contract, with tacit consent established between the people and the government. The concepts of social contract and tacit consent are fundamental to the modern state, yet their moral foundations are often questioned.

Numerous cases illustrate how tacit consent can violate individual rights. For instance, compliance with government authority and laws is mandatory. Individuals who neither participate in law-making nor wish to consent to government authority have no choice but to comply.

The theory of natural rights has had unintended consequences since it was adopted in both letter and spirit in the Constitution of the United States. Thomas Jefferson and James Madison, the Founding Fathers, prepared the Bill of Rights based on the theory of natural rights. This served two purposes for them: First, the Bill of Rights reinforces Christian values. Second, it secured individual rights on religious grounds. Since natural rights theory is derived from God, it limits human consciousness to a specific religious doctrine. God-given rights are finite, and the law of nature is God's law, characterized by rewards and punishments.

Locke's concept of the state of nature and his subsequent natural rights present a one-sided perspective that is closely tied to religious belief. In this natural state, people are free and equal, holding the right to act as judges, executioners, and enforcers. They enter a social contract and forfeit some rights to safeguard their life, liberty, and property. The government,  established to protect their natural rights, becomes a significant violator of those rights by adhering to a constitution rooted in natural rights, which are inherently linked to the state of nature. If someone doesn’t comply with a particular religious theory, the government claims the authority to infringe upon that person's rights.

In conclusion, Locke’s theory of natural rights and the state of nature has significantly shaped the Founding Fathers' vision for America, allowing them to reconcile their religious beliefs with the principles of a secular state.