Independence Day and Texas Rights
By
James Scott Trimm
Tomorrow is Independence Day, the day we
celebrate the signing of the Declaration of Independence on July 4th,
1776. But many do not understand the
beauty of this profound document, written by Thomas Jefferson, and inspired by
the political philosophy of John Locke.
Let us examine the opening words and see the amazingly profound ideas
packed into this single document. The
first paragraph reads:
When in the Course of human events, it
becomes necessary for one people to dissolve the political bands which have
connected them with another, and to assume among the powers of the earth, the
separate and equal station to which the Laws of Nature and of Nature's God
entitle them, a decent respect to the opinions of mankind requires that they
should declare the causes which impel them to the separation.
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. 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.--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….
(Declaration of Independence; Opening)
Here the document declares that the right
of a people to “dissolve the political bands which have connected them with
another” is one to which they are entitled by “The Laws of Nature” and of
“Nature’s God” and is an “unalienable right”.
This is a reference to the philosophical concept of Natural Law (which I
wrote about n a recent blog, click here to read).
John Locke, whose political philosophy
inspired the founders said that if a ruler went against natural law and failed
to protect "life, liberty, and property," people could justifiably
overthrow the existing state and create a new one:
But though this be a state of liberty, yet
it is not a state of licence: though man in that state have an uncontroulable
liberty to dispose of his person or possessions, yet he has not liberty to
destroy himself, or so much as any creature in his possession, but where some
nobler use than its bare preservation calls for it. The state of nature has a
law of nature to govern it, which obliges every one: and reason, which is that
law, teaches all mankind, who will but consult it, that being all equal and
independent, no one ought to harm another in his life, health, liberty, or
possessions: for men being all the workmanship of one omnipotent, and
infinitely wise maker; all the servants of one sovereign master, sent into the
world by his order, and about his business; they are his property, whose
workmanship they are, made to last during his, not one another’s pleasure: and
being furnished with like faculties, sharing all in one community of nature,
there cannot be supposed any such subordination among us, that may authorize us
to destroy one another, as if we were made for one another’s uses, as the
inferior ranks of creatures are for our’s. Every one, as he is bound to
preserve himself, and not to quit his station wilfully, so by the like reason,
when his own preservation comes not in competition, ought he, as much as he
can, to preserve the rest of mankind, and may not, unless it be to do justice
on an offender, take away, or impair the life, or what tends to the
preservation of the life, the liberty, health, limb, or goods of another.
The Declaration declares a form of Social
Contract theory, that Governments are instituted among men deriving their just
powers from the consent of the governed, to secure form them the
inalienable rights with which they were
endowed by their Creator, including the rights to Life, Liberty and the pursuit
of Happiness.
In other words anarchy is so undesirable
that men have set up governments to protect their rights.
The Declaration then says that whenever any Form of Government becomes
destructive of its intended purpose, o protect the rights of the people, the
people have a right “to alter or to abolish it, and to institute new
Government.”
Now lets look at how these words inspired
key language in the Texas State Constitution.
When Texas rejoined the Union after the Civil War, Texas had the ability
to fight on on its own without the rest of the Confederacy. However Texas agreed to rejoin the Union
provisionally and so these words were added to our new State Constitution:
FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State,
subject only to the Constitution of the United States, and the maintenance of
our free institutions and the perpetuity of the Union depend upon the
preservation of the right of local self-government, unimpaired to all the
States.
(Article 1 Section 1)
INHERENT
POLITICAL POWER; REPUBLICAN
FORM OF GOVERNMENT. All political power is inherent in the
people, and all free governments are founded on their authority, and instituted
for their benefit. The faith of the
people of Texas stands pledged to the preservation of a republican form of
government, and, subject to this limitation only, they have at all times the
inalienable right to alter, reform or abolish their government in such manner
as they may think expedient.
(Article 1 Section 2)
Notice that the reentry of Texas into the union
was of limited “perpetuity” and depended entirely on “the preservation of the
right of local self-government, unimpaired to all the States.”
Notice the words “All political power is
inherent in the people, and all free governments are founded on their
authority, and instituted for their benefit…. they have at all times the
inalienable right to alter, reform or abolish their government in such manner
as they may think expedient.”
There can be no question but that these
words are drawing from the language and ideas of the Declaration of
Independence and that they declare that the perpetuity of Texas union with the
United States of America is dependence upon our continued right to local self
government (including, but not limited to the respect of the 10th
Amendment), that the government exists solely for the benefit of the people who
have an “inalienable right inalienable right to alter, reform or abolish” it
“in such manner as they may think expedient.”
The State of Texas rejoined the union
provisionally. The provision was that
the State of Texas has the right to end that union at any time that we
determine that our right to self government has been impaired by that
union. This is an inalienable right
with which we were endowed by our Creator and which we cannot give up or
lose.
This Independence Day is a time for my
fellow Texans to meditate upon the wise words of the Declaration of
Independence, and of our Texas State constitution and ask ourselves “Has our
union with the United States of America impaired our inalienable right to
govern Texas?”
Do we not have the inalienable right to
govern Texas? Do we not have an
inalienable right to protect the Right to Life and outlaw abortion?
Do not we have the right to regulate (or not regulate) medical providers in our own state? Do we not have a right to uphold the definition of marriage
in our own State Constitution? Does Texas
not have a right to regulate (or not regulate) its own healthcare system without having Obamacare
forced upon us?
If the answer to these questions is “yes”
then the perpetuity of our union with the United States has met its limits and
we have an “inalienable right to alter, reform or abolish” it “in such manner
as [we] may think expedient.”
It is time for Texans to invoke our inalienable rights!
