Natural Rights And Natural Liberties In The United States

The History of Natural Rights and Natural Liberties in the United States

1. Is there a bigger threat to natural rights or to natural liberties in the U.S. right now?

The paper aims at analysimg then natural rights and natural libertues, they are defined further. The idea of natural rights has emerged from the theory of natural law. Liberty has been regarded as the natural rights protection a notion that might simply be called natural-rights liberty. The locke refers to nature as one of the qualities, Locke in this situation defines the perfect actions and perfect equality as basically the perfect situation to live in. When society is faced with major crises between the individual liberties and well-being of society it becomes inevitable and acute.

After the declaration of independence, the concept of natural rights emerged in American politics. It was advocated by Thomas Jefferson, by stating that the self-evident and the men are created equal and everyone is entitled to have liberty and rights. The idea of natural rights has emerged from the theory of natural law. The idea of natural law was embodied from the principles of wrong and right, which was prevalent in the individuals and among the individuals, the reason is the ascertation of humans. The philosopher strongly disagrees with human slavery probation should be prohibited from the natural law. Humans have the state of the kind which is pre-political and some of the rights have relation to the creator to the individuals this in turn of the declaration was unalienable (Artemyeva, 2020).

The first amendment is dealing with the fundamental rights of individuals because they deal with the matters of thought, conscience, and expression. The first amendment claims the original rights of inherent and the origin is contemporary documents including the declaration of state rights and bills. However, there was a certain belief in stating the rights by saying that such rights are inherent to liberty and that there was no need the mention them as separate rights. Some provisions such as the Fifth Amendment’s prohibition which implies double jeopardy and the trial bury of the judge which required the sixth amendments. These amendments clearly state that these are man-made mechanisms that will be used for enforcing the fundamental principles of whiteness and fairness which are not mandated morally. The system of the U.S.A is such in which individuals could claim rights in court, and the courts have the power to enforce the rights.  The right to equality was not recognized until amendment fourteen in the year 1868, which was an exception. There is difficulty in identifying the rights which are outside the amendment first and that these rights are associated closely with natural rights. Natural rights should have the preferred position as these rights are absolute. The embodiment of such rights in writing is the designation of securing the protection however the claim of these rights would have moral claims legitimate, even if they were not constitutional embodiment (Kessler & Pozen, 2018).

Natural liberty is part of the American tradition of politics. Liberty has been regarded as the natural rights protection a notion that might simply be called natural-rights liberty. Liberty has been also referred to as self-governance of the local community with the conception which is known as classical-communitarian liberty. The term liberty is also referred to as individualism and also known as economic-autonomy liberty. Liberty is also referred to as justice of the social national community which is known as progressive liberty. The term is also referred to as individualism of morality which is known as personal-autonomy liberty. Each description of liberty is known as political liberty which is American liberty (Castle, 2019).

The First Amendment and Fundamental Rights in the United States

The main and core fundamentals, principles of natural rights, liberty are expressed in the declaration of independence also they are regarded as the reflection of the teachings of modern liberal thinkers such as John Locke. The philosopher of the theory of natural rights is Thomas Hobbes, Jean Jacques Rousseau, and John Locke. They also advocated the theory of liberty, life, and property. Classical-communitarian liberty has been given a more vivid description (Yang & Wang, 2018).

The doctrine of natural rights had a major role in American independence, the influence can be made by key figures such as Thomas Paine, John Dickinson, James Otis, and John Adams. It can also be referred to as a major doctrine of revolution. Liberty concept of the classical-communitarian is exercised over the sentiments and though were diminish in, particularly the life of American (Carolan, 2018).

Locke refers to nature as one of the qualities which are due to the reason that nobody is legal or societal advantages or influence over one another. He further stated that there are no man-made rules which are above the other people in power. There exist no tax evaders or criminals and the breaker of the contract to punish them, there is no policy that punishes the people. there is no society that forces people to do certain things or punishes them for nothing. Thus anarchy came to light which derives a situation where everyone is equal which is due to the lack of law. This doesn't raise the question of justice or it's being blind (Husserl, 2019).

However this doesn’t imply that the people will not have influence over other people, they do it because of the physical advantages. This is known as law of the jungle, where the survival of the fittest, results in the only inequalities which are physical and natural and not legal, this is anarchy. This however does not implies that there are unequal terms of society in terms there is no existence of law. This also doesn’t imply that one person has more rights over the other person, which is implied that reality is not balanced inherently. In the state of nature, there are physical and natural inequalities but complete equality in terms of society's lack of laws (Molnar, 2021).

Locke in this situation defines the perfect actions and perfect equality as basically the perfect situation to live in. for the same he proposed the law of nature, the law implies logic and reasons. That people in order to survive will not harm each other. The term rights describe the survival conditions. Many philosophers agree on the right of humanity to survive. The specific term which Locke used as the right to describe the equal and independent, which brings no harm to another life in terms of life, liberty, health, and possessions. The rights existed since birth because if not then the chances of survival are continued (Hawley, 2021).

When society is faced with major crises between the individual liberties and well-being of society it becomes inevitable and acute. The greatest threat to civil liberties in the U.S.A is that they are ignored with the increase in the size and scope of the federal government. The founders wrote a constitution that understands the relationship between the state and civil society, the founders wrote the constitution carefully which limits the power of the federal government. The new federal law which was proposed, analyses wheater the law will violate the freedom-loving right of the people with the bills of rights. Another threat to the liberties is the freedom of speech in the campaign continuation which outlaws the flag of America in desecration. In addition to it, liberty can be treated by the people who find only good in working (Abu-Ras, Suárez & Abu-Bader, 2018).

The claims made by the supreme court have claimed on the First Amendment which is a reflection of expressive freedom. The restrictions posed by the government are necessary which restrict the expression of people. However, civil liberties can make people free and they do not belong to every person in the U.S.A. and these liberties can not be made to take away by the government. Civil liberties are mentioned in the bill of rights, which have been clarified in the constitutional amendments and also by the decisions made by the decisions of the judicial branch (Francis & Francis, 2021).

Concluding, natural rights and liberties are interconnected and in case they cannot be these liberties can not be made to take away by the government. When society is faced with major crises between the individual liberties and well-being of society it becomes inevitable and acute. The term rights describe the survival conditions. The greatest threat to civil liberties in the U.S.A is that they are ignored with the increase in the size and scope of the federal government. However does not implies that there are unequal terms of society in terms there is no existence of law. 

References

Abu-Ras, W., Suárez, Z. E., & Abu-Bader, S. (2018). Muslim Americans’ safety and well-being in the wake of Trump: A public health and social justice crisis. American Journal of Orthopsychiatry, 88(5), 503.

Artemyeva, T. (2020). he Concept of Natural Law in the Noble Discourse of the Enlightenment. Chelovek, 31(5), 146-166.

Carolan, M. (2018). ‘Smart’farming techniques as political ontology: access, sovereignty and the performance of neoliberal and not?so?neoliberal worlds. Sociologia ruralis, 58(4), 745-764.

Castle, J. (2019). New fronts in the culture wars? Religion, partisanship, and polarization on religious liberty and transgender rights in the United States. American Politics Research, 47(3), 650-679.

Francis, J. G., & Francis, L. (2021). Freedom of Thought in the United States: The First Amendment, Marketplaces of Ideas, and the Internet. European Journal of Comparative Law and Governance, 8(2-3), 192-225.

Hawley, M. C. (2021). Locke’s Ciceronian Liberalism. Perspectives on Political Science, 50(2), 72-86.

Husserl, E. (2019). From Locke to the Radical Consequence of Berkeley’s Purely Immanent Philosophy. In First Philosophy (pp. 145-161). Springer, Dordrecht.

Kessler, J. K., & Pozen, D. E. (2018). The Search for an Egalitarian First Amendment. Columbia Law Review, 118(7), 1953-2010.

Molnar, L. (2021). The law of the jungle. the online hate-speech against the Roma in Romania. Victims & Offenders, 16(8), 1108-1129.

Yang, X., & Wang, D. (2018). Photocatalysis: from fundamental principles to materials and applications. ACS Applied Energy Materials, 1(12), 6657-6693.