Harry V. Jaffa - Rights Quotes

38 Sourced Quotes

View all Harry V. Jaffa Quotes
You can not have free government if you can not bind the people who participate in the government to accept the results of the election. It is the exercise of our inalienable right to life that enables us, and justifies us, in forming legitimate governments. When those governments are formed, we cannot reject them because we don't like the results.

Harry V. Jaffa
Alexander Hamilton Stephens' Constitutional View of the War Between the States, which was and remains probably the best defense of the Confederate cause. It is all about states' rights, and the defense of the minority against the tyranny of the numerical majority, although the 'silent minority', the four million slaves, are never counted. It is substantially the book that Calhoun would have written had he been alive to do so. Stephens, who was Vice President of the Confederacy, had also been widely known, north and south, as one of the intellectual luminaries of his time.

Harry V. Jaffa
Now there's a little story to that. Chief Justice Taney, in the Dred Scott decision—which said that the Missouri Compromise restriction of slavery in 1820 and any other one, was unconstitutional—said that there was no power in the Congress to forbid slavery in the territories. And he added as a kind of obiter dictum that the only power of Congress over slavery in the territories was the power coupled with the duty of protecting the owner and his rights. Now the seven states of the Deep South interpreted that to mean that the police power of the federal government had to guarantee the integrity of the property of any slave owner going into any United States territory.

Harry V. Jaffa
That the equality of human souls in the sight of God ought to be translated into a political structure of equal political rights has come to be regarded as the most authentic interpretation of the Gospel itself. Slavery, and the imposition of all arbitrary forms of inequality of man by man, has come to be seen as demeaning to the souls of God's creation.

Harry V. Jaffa
In 1860 Senator Wilson, like Lincoln, could not ask for recognition of more than the black man's natural rights. But he showed in dramatic fashion that his argument, like Lincoln's, applied ultimately to all rights, civil and political no less than natural.

Harry V. Jaffa
So that was the basic issue. Once the ballots had been decided, Lincoln said the only recourse must be through future elections in which the minority can try to become the majority; but there can be no right to reject the results of an election conducted under the rules of the Constitution.

Harry V. Jaffa
That all men are created equal does not mean that human beings are the same, or equal, in size, strength, beauty, virtue, or intelligence. There are obviously great differences in individual aptitudes and talents in sports, music, mathematics, speaking, and writing. They are also unequal in the virtues, among them courage, temperance, and justice. But as Jefferson once said, the fact that Sir Isaac Newton may be the most intelligent of living human beings does not give him any right whatever to my person or my property.

Harry V. Jaffa
South Carolina cites, loosely, but with substantial accuracy, some of the language of the original Declaration. That Declaration does say that it is the right of the people to abolish any form of government that becomes destructive of the ends for which it was established. But South Carolina does not repeat the preceding language in the earlier document: 'We hold these truths to be self-evident, that all men are created equal'.

Harry V. Jaffa
Well, it's not clear how persuasive this argument was in Illinois, but it was persuasive in Mississippi and Alabama and Florida and South Carolina, which said, 'Well, Lincoln's right. This man Douglas is denying us our Constitutional rights'. And as a result of that, it was Lincoln's cleverness in the debates which split the Democratic convention in 1860, and this is what in fact elected Abraham Lincoln. But it was the rebellion against Douglas, not against Lincoln, which precipitated the whole secessionist movement.

Harry V. Jaffa
The President's proclamation is a mighty blow against the legal positivism that infects our legal establishment, and the moral relativism that pervades our society. But this can only be the beginning of a far greater struggle than that against the physical danger of terrorism. It means taking up once again the burden Lincoln bore, in reasserting the truth of the Declaration, against the "positive good" theory of slavery, and against the still more deadly theory that majorities, and not the difference between right and wrong, should decide the future of slavery.

Harry V. Jaffa
Now, the truth of the matter is that the idea of the meaning of the word 'federal' underwent a change from the Articles of Confederation to the Constitution. Under the Constitution, the states gave up their sovereignty in the Calhounian sense. And if you have any doubt about that, let me just read a sentence from George Washington. 'It is obviously impracticable in the federal government of these states to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all'. So all the rights of independent sovereignty, or some of those rights, have been surrendered.

Harry V. Jaffa
We have these inalienable rights, and in the exercise of these same inalienable rights, we agree with each other to form civil governments. And Madison has an essay on sovereignty, which is a sort of simplified repetition of John Locke's argument in the second chapter of the Second Treatise.

Harry V. Jaffa
No, on the contrary, the Constitution exists to protect that right. The important point is that the Constitution exists to protect individual liberty and individual property. In fact, the most important of all of the rights, really the foundation of all rights, are the rights to private property. But the right to private property is a right for each individual human being to own himself.

Harry V. Jaffa
Now, Lincoln said to Douglas, if you accept that Taney's opinion that slavery is expressly affirmed in the Constitution is true, then you are under an obligation to give the slave owners the implementation of this right.

Harry V. Jaffa
Douglas accepted Dred Scott, and in Dred Scott, the Chief Justice had said that the right to own slaves is expressly affirmed in the Constitution. And Lincoln said in the debates that it was implied but not expressly affirmed. The argument against any restriction on slavery was that any right expressly affirmed in the Constitution takes precedent over any law or regulation in any jurisdiction whatever. (Remember, the supremacy clause in Article VI of the Constitution says that this Constitution, and the laws and treaties made in pursuance thereof, are the supreme law of land—anything in any law or a constitution of any state to the contrary not withstanding.)

Harry V. Jaffa
The king is not responsible for the fate of each man's soul. Every man is responsible to God, but not the king, for this. Shakespeare, while displaying unflinchingly the defects of kingly rule, does not in the English histories have on his horizon any alternative to divine right monarchy. The American Founding's Lockean republican political theory provides an answer to the defects of Christian divine right monarchy, the answer that Lincoln inherited. This supplied as well the theoretical foundation for Lincoln's assault on slavery.

Harry V. Jaffa
Unless we as a political community can by reasoned discourse re-establish in our own minds the authority of the constitutionalism of the Founding Fathers and of Lincoln, of government devoted to securing the God-given equal rights of every individual human being, we will remain ill equipped to bring the fruits of freedom to others.

Harry V. Jaffa
If the people in this room were not citizens of the United States, if they were not citizens of any state, or of any sovereign government, and if we decided that we needed to, for our own protection, first beginning with safety—September 11th told us why we need each other for the sake of safety—form a government, we have to recognize, each one of us, that this government shall protect the right to life, and to liberty, and property of each one of us. No one of us can say that he deserves protection for the government to be formed, but not somebody else, or that somebody is entitled to more protection than anybody else. Anybody who demands more protection from the government than his fellow citizens won't be accepted as a fellow citizen.

Harry V. Jaffa
Now, there were many reasons why the south did not appeal to the right of revolution. One reason was that there were no abuses that they had been subject to, comparable to the ones enumerated in the Declaration of Independence. Lincoln, in his inaugural address, said that there was not a single constitutional right which anybody could point to, to say that that had been violated. They were exercising this right as something that was to their pleasure, for their own purposes, but that had nothing to do with the Constitution, and yet they were claiming it as a Constitutional right to withdraw from the Union.

Harry V. Jaffa
Slavery existed among the Americans largely because of the action of the crown. For the king to have been complicit in the importation of slaves into America and then to have attempted to use them in a war against their masters merited condemnation in its own right. In no way did such condemnation imply a justification of slavery itself.

Harry V. Jaffa
Now the Constitution doesn't say how this right is to be enforced, but it says it shall be done. And from 1793 to 1850 it depended upon the states honoring the Act. Well, that was not working, and so this federal law was substituted which provided enforcement procedures under the auspices of the federal government.

Harry V. Jaffa
Everyone knows that Hubert Humphrey, one of the chief authors and sponsors of the Civil Rights Act of 1964, had declared that under Title VII no discrimination on the basis of race or color was to be lawful. He explicitly said that this meant no discrimination of white against black, and no discrimination of black against white.

Harry V. Jaffa
And so, the idea of slave property contradicts the idea of private property, and the Southerners taking their stand on their property rights and their slaves were, in fact, taking their stand on a principle which was incompatible with the idea of constitutional government.

Harry V. Jaffa
The colonists did not, at this point, claim any privileges under the law of Great Britain. They were breaking from the law of Great Britain. They were appealing instead to the laws of nature and of nature's God. And it was under those laws that they had the right to resist oppression.

Harry V. Jaffa
That moral order, we know, encompasses, beside the right to life, liberty, and the pursuit of happiness, many other rights, as for example the right to the free exercise of religion, to freedom of speech and of the press, and to freedom of association. These are rights antecedent to the political process-rights that do not depend upon majority will-rights that majorities may not violate. They are all features of the moral "laws of nature and of nature's God." Clearly, the implications of the President's endorsement of the idea of a moral order, antecedent to all positive law, including the law of the Constitution, go far beyond the debate over abortion.

Harry V. Jaffa
"This nation was founded," President Bush wrote, "upon the belief that every human being is endowed by our Creator with certain 'unalienable rights.'" The President, in using the exact language of the Declaration of Independence, including the archaic "unalienable," has expressed the conviction that "the laws of nature and of nature's God" furnish the moral foundation of constitutional government. "President Jefferson's timeless principle," he wrote, "obligates us to pursue a civil society that will democratically embrace its essential moral duties..."

Harry V. Jaffa
He didn't care whether slavery was voted up or down, he cared only for the sacred right of the people to make that decision. Why the right of the people should have been sacred, if the results of the exercise of that right were indifferent, Douglas never undertook to say.

Harry V. Jaffa
DiLorenzo thinks that it is a reflection on Lincoln's anti-slavery character that he supported the Fugitive Slave Act. But the Fugitive Slave Clause is in the Constitution, and Lincoln thought that any refusal to implement the right clearly defined in the Constitution would justify secession. You can't pick and choose which parts of the Constitution you like. Once you do that, then the Constitution is simply, as Jefferson said once, 'a blank sheet of paper'. Jefferson said that when he was contemplating purchasing Louisiana. And having said that by purchasing it he would make the Constitution a blank sheet of paper, he went ahead and purchased Louisiana.

Harry V. Jaffa
But once we have reached this agreement and we then elect a government and that government functions—and the election for that government is one in which there's freedom of speech, freedom of the press, freedom of association, so that it is a legitimate government—then that government commands our obedience. We have no right to reject our duty to obey because we don't like the result of the election—provided the election is conducted fairly and Constitutional rights are observed.

Harry V. Jaffa
By the principles of the Declaration of Independence, majority rule in a free society is not an end in itself, nor is it a source of the purposes served by free government. Majority rule exists to secure the rights with which all human persons are "endowed by their Creator." The recognition of the origin of these rights, in God and nature, comes before any action of any majority. Only as we all recognize that "the just powers of government" exist to secure the equal rights possessed by every human being, whether in the majority or minority, can tyranny be prevented.

Harry V. Jaffa