The Personal Website of Mark W. Dawson

A Hierarchy of Rights

Much has been said about the rights of a U.S. citizen. In my view, the people of America have a hierarchy of rights. They are:

1. Natural or Human Rights
2. Constitutional Rights
3. Civil Rights

The first and most important of these is Natural or Human Rights as expressed in the Declaration of Independence:

“We Hold These Truths To Be Self-Evident, That All Men Are Created Equal, That They Are Endowed By Their Creator With Certain Unalienable Rights, That Among These Are Life, Liberty And The Pursuit Of Happiness.”

All human rights reside within the individual. No government or society constituted that violates human rights is a legitimate government or society. The individual members of society can cede some of their rights to ensure a just society, but they still retain their human rights. The government or society has a duty to ensure that those rights ceded to it are upheld. A government that does not uphold these ceded rights is not a legitimate government. Failure of a government to uphold these rights is a legitimate reason for the members of the society to change or replace such a government.

An example of this is murder. If someone unjustly takes the life of a member of your family, you have a moral right to take their life (an eye for an eye). However, in order to assure that the punishment fits the crime and is implemented justly, we cede this right to the government. The government is responsible for providing a fair and just trial for the accused, and if found guilty, implement the punishment for the murder. The failure of a government to properly implement this ceded right is a failure of enforcing the Natural or Human rights of the individual who is aggrieved.

The next are Constitutional Rights as enumerated by the Constitution and its Amendments, in order to preserve the Liberties and Freedoms of its citizens. This is best illustrated by the Preamble to the Constitution.

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

This is a compact between the people and the government to assure that our human rights are protected. It is a compact that the citizens of the United States have agreed upon, to provide for a peaceful and just society for all. When the government violates our constitutional rights, it is also violating our human rights. Any such violations of the Constitution and/or our Natural or Human rights must be vigorously opposed by all citizens. The just way of opposing this is by electing Congressional Representatives and a President who will uphold the Constitution. For appointed officials who violate the Constitution, the just way of resolving this violation is by impeachment and removal from office. To appoint people who would violate our constitutional and/or Natural or Human Rights, or to keep appointed people in a position of power who are violating the Constitution, is morally unacceptable.

Finally, there are Civil Rights as espoused by Laws passed by Congress and signed by the President (such as non-discrimination based on race, religion, creed, sex, sexual orientation, national origin, ancestry, age, veteran status, disability, military service, political affiliation, or other protected status). All such civil rights need to be passed and implemented within the framework of the Constitution. This means that the Congress of the United States would pass a law, and then be signed by the President of the United States before being implemented. This also means that the Judiciary cannot create a civil right. The Judiciary should be limited to reviewing the Constitutional and Civil Rights laws to assure they do not conflict with our Constitutional and/or Natural and Human Rights.

All of our rights, Natural or Human, Constitutional, and Civil, must be upheld with Equal Justice Under the Law. All persons must have the same protections of their rights, and no one may be above or below the law. No Civil Right can abrogate Human or Constitutional Rights, and no Constitutional Right can abrogate a Natural or Human Right. No laws passed by Congress can abrogate your Natural or Human Rights or our Constitutional Rights, and no Executive action order can supersede any Civil, Constitutional, or Human Rights, but must only be utilized to implement these rights.

The United States Government was constituted to assure these Natural or Human Rights, Constitutional Rights, and Civil Rights. The failure to do so delegitimizes the government of the United States, and cries out for a change or replacement of the government as stated in The Declaration of Independence:

“That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

But let us also remember the other words in the Declaration of Independence:

“Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

Therefore, we need to be cautious in changing or replacing our government, and to assure that such changes or replacement institutes our Hierarchy of Rights.