Likewise, you also don’t have a natural right to live where you want as I’ve heard some claim on issues like immigration. To believe that requires you to believe that private property doesn’t exist. You can’t have it both ways. If you believe I have the right to defend my own property (which our founders absolutely did), then you also have to believe that “we the people” have the right to defend our own property as well. In a “government by the consent of the governed” that property in this case are the borders and lands of these United States of America. We own them and they are our private property. Therefore, we have a right to possess and police them accordingly.
Rights that require the consent of another party are contractual rights.
A good example of contractual rights would be the U.S. Constitution, which begins with the words, “We the people of the United States in order to form a more perfect union.” Immediately the parties involved in the contract are established: the people, the states, and the federal government (or union). From there each party states in the contract the terms, jurisdictions, and liabilities each are responsible for and permitted to perform. Some of the rights in the Constitution are unalienable (natural) rights like the freedom of speech and the freedom of worship, because you don’t require consent to access them. That’s why the Constitution says “Congress shall make no law” prohibiting or establishing those things, because Congress has no power to either establish or take away that which “the Law of Nature and Nature’s God” alone bestows.
However, other rights in the Constitution are purely contractual, but where people get confused here is they fail to understand this language is intended to bind the government and not the individual. For example, the government consents to saying it has no right for “unlawful search and seizure” as other governments in human history have indulged. It is not saying you as a private person have a right to therefore store crack cocaine in your locker or illicit pictures of children on your computer. This is the government contracting with its citizens to limit its own means, not the other way around. In fact, that is the theme of the entire Bill of Rights. Just because the state promises not to exceed its authority over the individual does not give the individual the right to exceed his authority over “the Laws of Nature and Nature’s God.”
That is always the highest authority.
For example, should the U.S. Federal Court hear a civil suit between two murderous drug cartels because one failed to deliver the promised narcotics to the other and thus violated the contract? Of course not, because their very activity violates “the Laws of Nature and Nature’s God,” therefore the proper response is to arrest them as criminals instead.
Similarly, just because someone consents to having sex with you doesn’t mean that suddenly you have a contractual right to have sex with them. Is the person just a child and therefore unable to make a mature decision? Is that person mentally unstable or disabled, and thus unsure of what it is they’re really consenting to? Is that person married to someone else?
In conclusion it comes down to this, if our rights first and foremost come from “the Laws of Nature and Nature’s God,” then anything we do to indulge or claim those rights that violates that law isn’t a right. It’s a transgression—even if the other party(s) consents to it. That simply means they’re just as guilty as you are.
You have no right to do that which God says is wrong. Never have, never will, and should an earthly authority contradict this and permit your fallen nature to manifest itself, the God the “father of the Constitution” James Madison referred to as “the Governor of the universe” will ultimately adjudicate your case in eternity.
Steve Deace's nationally-syndicated radio show airs coast-to-coast each weeknight from 9-Midnight eastern, including many of the Salem Radio Network's top conservative talk stations in markets like New York City, Houston, Philadelphia, Seattle, and Minneapolis. His radio program has been featured in major media such as Fox News, CBS News, ABC News, CNN, MSNBC, The Washington Post, The New York Times, The Los Angeles Times, Politico, The Weekly Standard, and National Review among others. In 2013 he wrote the second-most shared column of the year for USA Today, defending "Duck Dynasty" and traditional American values. In addition to being a contributor for Town Hall.com, Deace is also a columnist for The Washington Times. He is also the author of the new book Rules for Patriots: How Conservatives Can Win Again, which includes a foreword by David Limbaugh and is endorsed by a who's who of conservative leaders. You can follow him on Twitter @SteveDeaceShow.
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