Opinion: Judge Andrew Napolitano: Taking rights seriously
“If all mankind minus one were of one opinion,In silencing that one person,The world is filled with self-evident truths — truisms — that philosophers, lawyers and judges know need not be proven. The sun rises in the east and sets in the west. Two plus two equals four. A cup of hot coffee sitting on a table in a room, the temperature of which is 70 degrees Fahrenheit, will eventually cool down.
The most famous of these recognitions was Thomas Jefferson’s iconic line in the Declaration of Independence that self-evident truths come not from persons but from “the Laws of Nature and of Nature’s God.” Thus, “All Men are created equal and are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness” is a truism.
This is the natural rights understanding of Jefferson’s Declaration and Madison’s Bill of Rights, to the latter of which all in government have sworn allegiance and deference. No one alive today has consented to the government, but most accept it. Is acceptance consent? Of course not — no more than walking on a government sidewalk is consent to government’s lies, theft and killing. Surely, the Germans who voted against the Nazis and could not escape their grasp hardly consented to that horrific form of government.
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