As anyone who reads this blog knows, I am a passionate advocate for the principles of natural rights as expressed in the Declaration of Independence. But I am also firmly convinced that our nation is far closer to living out those ideals today than at any time in the almost 230 years since that document was written. It has taken the extraordinary sacrifice of many great men and women, an enormous amount of social upheaval and even a civil war to put those principles into action, but it has brought us closer to making the promise of those self-evident truths a reality for a far higher proportion of our people.
At our nation's founding the principles of liberty, as inspiring as they were, were largely rhetorical. While declaring that all men were created equal and with an unalienable right to life, liberty and the pursuit of happiness, many of our founding fathers, including the man who wrote those very words (and a personal hero to me, regardless of his obvious flaws), owned other human beings as slaves and denied them even the most basic dignities and self-determination. While speaking so eloquently of governments deriving their just powers from the consent of the governed, they denied to more than half the population the right to have a voice in that government by voting. These were compromises and violations of the very words they gave to the world, but that's not the full story. Though the men were flawed and often hypocritical, the ideas they espoused were powerful.
The principles that they so eloquently announced to us did not end with their own flawed applications of them. They lived on and inspired generations of brave reformers who demanded that those words be turned into actions, from Lysander Spooner to Sojourner Truth to Susan B. Anthony to Martin Luther King, and yes, today to those who fight bravely for the extension of those promises to gays and lesbians. Time and time again, those words have been invoked by those who sought to make our nation a more perfect union, one dedicated to making those principles more than mere rhetoric, and nowhere more eloquently than in Martin Luther King's famous I Have a Dream speech:
In a sense we have come to our nation's capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men would be guaranteed the inalienable rights of life, liberty, and the pursuit of happiness.
The words of the Declaration continue to inspire us today, but they inspire all the more because so much has been done to make them a reality for historically oppressed groups. And it must be remembered that each step from rhetoric to reality was fought tooth and nail by those who preferred the status quo, and often fought with eerily similar rhetoric. Those who fought to extend the promises of the Declaration to the entire nation, not just a fortunate few, were at each step declared to be communists and heathens who sought nothing less than the destruction of decent civilization. The prominent Calvinist preacher James Henley Thornwell said of the civil war:
"The parties in this conflict are not merely abolitionists and slave-holders - they are atheists, socialists, communists, red republicans, Jacobins on the one side and the friends of order and regulated freedom on the other. In one word, the world is the battleground - Christianity and atheism the combatants, and the progress of humanity is at stake."
His words are still echoed today by many paleo-conservatives, and are still quoted with approval even by bestselling authors like Thomas Woods (for more on his particular lunacy go here, here and here). Any decent person must cringe at those words, but they were repeated again in opposition to allowing women the right to vote. As Sara Kean notes:
Suffragists were accused of fostering ties to Communism and sucking naive women into their organization with the intention of using them to further the communist cause. An article titled "Are Women's Clubs 'Used' by Bolshevists?" reads: "It is never the policy of the leaders to permit the rank and file members to know what their ultimate objective is...their leaders...are often in communication with the fountains of 'red propaganda'..." (Tarrant 3). Suffrage groups were discredited by their alleged link to radical groups. A notion was passed around that women's clubs were more for promoting the communist ideal than they were for achieving votes for women. This made the women who joined suffrage organizations look like tools for the furthering of the Communists' agenda: "some intelligent women are now convinced that the...legislative program being sponsored by women's organizations is a menace and that the women of America are being used for a purpose that is concealed from them" (Tarrant 3). Certainly, some suffrage leaders were connected to radical causes, but this passage indicated that the entire women's movement is an extension of Communism.
And one need hardly mention the torrent of vitriol coming from the pulpits against women's suffrage. Elizabeth Cady Stanton, Susan B. Anthony and many others were condemned as atheists and heathens out to destroy the God-ordained order of the family which demanded that the wife be subordinate to the husband. And the anti-suffrage movement argued that allowing women to vote would cause conflict in the home and an epidemic of divorces caused by political disagreements. And this nonsense persists to this day with such extreme rhetoric as Pat Robertson's infamous statement in a fund-raising letter:
Feminism is a socialist, anti-family, political movement that encourages women to leave their husbands, kill their children, practice witchcraft, destroy capitalism and become lesbians.
During the civil rights movement of the 50s and 60s, we find again the defenders of the status quo lobbing the same rhetorical bombs at those who fought bravely for an end to the Jim Crow laws that denied the full rights of citizenship to blacks. Martin Luther King was derided far and wide as a communist and a subversive, by the John Birch Society and even by the FBI. To this day, there are still groups that characterize the entire civil rights movement as nothing more than communists out to undermine Christian civilization. One such group calls King "a sexual degenerate, an America-hating Communist, and a criminal betrayer of even the interests of his own people" and even encourages people to download flyers to pass out in school that declare him to be "the Beast" himself.
Fast forward to today's movement for gay rights and - surprise, surprise - we're hearing the same rhetoric still. Allowing gays to marry their partner is part of an "ideology of evil," says the Pope, and it will lead to the "collapse of the family" and even, Mitt Romney says, imperil America's ability to lead the world. Rick Santorum tells us that "the future of our country hangs in the balance" over gay marriage and that it is a matter of our "ultimate homeland security." Kind of reminds you of Strom Thurmond's claim that desegregation would be "utterly destructive to the social, economic and political life of the Southern people", doesn't it?
At every step, as we have moved closer and closer to the ideal of having the principles of life, liberty and the pursuit of happiness apply to everyone, the reactionaries have condemned the attempt as one that would destroy the very nation itself. Guess what? They were wrong, each and every time. And they're still wrong today. The principles found in the Declaration are powerful, but become far more powerful when applied universally rather than selectively. We have come a long way in doing so, but there is still more to be done. And it's time to tune out the voices of bigotry who, as always, seek to cover their prejudices in predictions of national crisis and damnation if those horrible heathens get their way.
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Ed,
Excellent post.
'Conservatives' (this is too sweeping of a word to use, but in this usage I mean those who take issue with the supposed steady expansion of civil liberty) often reject the idea that issues like privacy, elimination of school prayer, and so forth, can be decided on Constitutional grounds -- I mean, if the courts didn't recognize these things 100 years ago, they can't be 'in the Constitution' now, can they? (This is perhaps an oversimplification of the arguments made against the 'discovery' of rights in the Constitution, but I believe it is apt, and not a strawman).
I find such an attitude flawed, for a couple of reasons. The first, and perhaps the most important, is the existence of the 14th ammendment, which fairly radically changed the legal meaning of the rest of the Constitution (though not the moral intent). The 14th ammendment immediately made unconstitutional laws on the books in every state of the union, and exposed practices of state and local governments to judicial scrutiny. So, while in (say) 1841, mandatory school prayer really *was* constitutional, by July 9, 1868, it was not. The fact that the issue did not receive a review by the supreme court for many, many years after that is unsurprising, considering the other issues the courts had to deal with.
The second reason, hinted at above, is that it takes time for Constitutional questions to be raised, and SCOTUS does not completely control the process. SCOTUS can't consider, for example, the privacy issues surrounding birth control until they are presented with a case. This isn't to say that had the court been able to review Griswold in 1878, they would have ruled the same way -- but there's certainly a chance they would have, and if they hadn't, it might easily be because of the lack of earlier precedents, rather than a differing 'agenda'.
Finally, I think the courts themselves are basically 'conservative', in the sense that they tend to resist constitutional interpretations, however blatantly obvious, that will have a radical political impact. It has taken time for the clear meaning of various clauses to be applied to politically sensitive laws.
So the fact that it's taken 228 years (and counting) to realize the promise of the Declaration of Independence is no surprise, and not evidence in the least that the current judicial interpretation of the Constitution is flawed or contrary to it's original intent.
Well stated.
Just to add to the eloquence of Ed and Haskell Curry, there is another achievement in this country that often gets overlooked when analyzing court decisions - quite frankly we have gotten better in our thinking.
We can never divorce the Founding Fathers from their grand ideas OR their failure to live up to those ideals. The same man who wrote about the independence of all held slaves.
That does not make the Founding Fathers wholely hypocritical, though, any more than their actions to free this country made them saints. They were humans, with all the human failings.
But all judges are also human, and despite all the good intentions or clear implications of the Constitution we may now see, judges in the past were hampered by their own inherent biases. Thus the idea that Dred Scot could still be a piece of property in the North could only come about because the idea of slavery was so ingrained - that a person could be a piece of property at all now appalls us.
Perhaps the great expansion over time of the rights the Constitution holds is really an expansion of our understanding of what it is to be human - separate from any ethnicity, social class or religion. The only thing we have left to do is make that understanding independent of sexual orientation as well.
I sure wish i was as optimistic as this thread represents. I too have been a passionate advocate for the wonder of possibilities foretold in the Declaration and in the Constitution w/ all its amendments. While we do have a history replete with examples of hard fought campaigns to recognize the "natural" human rights of all persons, and many martyrs have fallen along the paths, there are still some very trod upon folks whose lives are callously destroyed by something far worse than bigotry--neglect. The poorest folks in this nation suffer from the worst environmental degradations, especially my native american relations. Applachia is a disaster with deaths of innocents mounting into the thousands, with no voices suggesting that they might have the right to be free from legally authorized, court approved behaviors. Reservations across the US are some of the poorest most desperate places. It is all well and good to battle the christo-fascists over sexual orientation legislation, but the forgotten don't garner the same interest, and pay the price with their lives.
Hi.
I am writing to ask you to remove a hyperlink to http://martinlutherking.org.
As you may know, martinlutherking.org is owned by a white supremacist group and hostile to Dr. King's legacy and the civil rights movement as a whole.
Unfortunately, because many sites link to martinlutherking.org, often accidentally or citing it as an example of an unreliable source, it consistently comes out at the top of the results for searches related to Dr. King.
Please:
* remove the hyperlink entirely (readers can enter the URL into the browser manually if the want to see the site);
or
* change the link address to http://notmartinlutherking.org, which contains a simple warning and a link to http://martinlutherking.org which is shielded from searchbots, so it does not increase martinlutherking.org's PageRank or search engine ratings.
or
* add rel="nofollow" to your hyperlink as so:
http://www.martinlutherking.org
Thank you.