Another Speech About Unalienable Rights by Secretary of State Michael Pompeo

On September 6, U.S. Secretary of State Michael Pompeo returned to his home state of Kansas to deliver the Landon Lecture at Kansas State University, entitled, “In Defense of the American Rights Tradition.” Here are highlights of what he had to say followed by this blogger’s reactions. [1]

Pompeo’s Lecture

“Our glorious history . . . should be revered.  And the truest expression of that reverence is to safeguard and live by the principles by which this country was founded, and those people who forged this unique place.”

“That . . . American tradition, begins with a set of unalienable rights.  Our nation’s founding created them.  They’re the beating heart of who we are as an American body today, and as Americans.  The Declaration of Independence laid it out pretty clearly. . . . It says:  ‘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,’ and, ‘That among these are Life, Liberty and the pursuit of Happiness,’ and, ‘That to secure these rights, Governments [were] instituted among Men, deriving their just powers from the consent of the governed.’”

“In other words, these are rights that were endowed upon us by our creator.  They’re part of our nation . . . and they’re part of who we are as Americans, as human beings.  They are independent of anything our government does, and the purpose of government indeed is to protect those unalienable rights.  And I must say, as I travel the world, there can be no nobler cause.”

“Just as profoundly, that declaration says that all men – and it meant all human beings – are created equal.  These rights weren’t unique to us as Americans.  We were simply the first nation with the vision to organize around them, with a national mission that was to honor those very rights, these fundamental rights.”

“In 1858, George Washington Brown, an abolitionist newspaper editor from Lawrence [Kansas], said ‘…no party…of men can be guilty of greater inconsistency or absurdity than those who deny the axiomatic truths asserted in the equality and inalienable rights of all men.’”

“John Speer, a bit later, the abolitionist editor of the Kansas Pioneer, said that, ‘The American Government was originally based upon the principle of the universality of freedom, and the Declaration of Independence was an emphatic [and] succinct declaration that all men [are indeed] created equal, and entitled to certain unalienable rights,’ as a result of their human dignity.”

“And then in commenting on the Declaration’s affirmation of unalienable rights, [President Abraham] Lincoln said that the Founders, ‘meant to set up a standard maxim for free society, which should be familiar to all, and revered by all.’”

“Unalienable rights are at the core of who we are as Americans.  We abhor violations of these rights, whenever and wherever they are encountered.”

“American diplomats have always had this as one of their core causes. . . .  After World War II, the world looked to America to take the tradition of unalienable rights – which came to be called human rights – beyond our shores.”

“In 1948, thanks to our leadership, the United Nations adopted the Universal Declaration of Human Rights – a document inspired by our Constitution’s Bill of Rights.”

“And we need to remember this was the first time ever . . . that America led nations to set a standard for how governments should treat their people.  We even fought to protect unalienable rights of the people inhabiting nations we had just defeated.  We’ve done this repeatedly.  This wasn’t American imperialism, but rather it was American mercy and grace.  We knew it was right for them as well, and right for us.”

The State Department’s mission “is to promote and foster these unalienable rights so that they will abound, that they’ll be everywhere.  We have an entire bureau devoted to no task other than that one. . . . Every year, . . . [the Department’s diplomats] produce an exhaustive report of every human rights violation around the world.  It becomes the encyclopedia for all other governments to see, and you should know we spare no one.  We call them like we see them.  No other country does that.”

“We owe it to all Americans to uphold this noble tradition of American leadership to secure rights here at home and abroad.”

“We owe it to all Americans to uphold this noble tradition of American leadership to secure rights here at home and abroad.”

“Today, frankly, our children aren’t taught about the central role of unalienable rights in our schools in the way that they must be.”

“I’ve seen the media try and rewrite our history as an unrelenting tale of racism and misogyny, not as a bold but imperfect nation, an experiment in freedom.  We need to do that.”

“Our politicians too, from time to time, have framed pet causes as ‘rights’ to bypass the normal process by which political ends are achieved.  And we’ve blurred the distinction between and mere political preferences or priorities.” (Emphasis added.)

“International institutions have moved away from these core tenets as well. . . . One research group found that between the United Nations and the Council of Europe, there are a combined 64 human rights-related agreements and 1,377 provisions.” (Emphasis added.)

“And with respect to unalienable rights, we need to know that more, per se, is not always better.  We have to protect those things that are at the core, at the center, that are foundational.  Because when rights proliferate, we risk losing focus on those core unalienable rights, the ones that we would give everything for.” (Emphasis added.)

Now “there is far too little agreement anymore on what an unalienable right truly is.  Just because a treaty or a law or some writing says it’s a right, it doesn’t make it an unalienable right. Remember where these rights came from.” (Emphasis added.)

Last year “the UN Human Rights Council, at . . . [China’s] urging, adopted a resolution that called for nations ‘to work together to promote mutually beneficial cooperation in the field of human rights.’ It emphasized ‘genuine dialogue and cooperation…based on…mutual respect.’ This was, sadly, coded language for repressive regimes to establish a code of silence about their massive human rights violations, those that rival the worst human rights violations from our past century.” Only one country on the Council—the U.S.–voted against this resolution.

“We must reclaim the tradition of unalienable rights from deliberate misunderstanding and, indeed, from cynical abuse. [That was why I created the Commission on Unalienable Rights.] We know that if we don’t get the understanding of rights, as our founders understood them, correct – these set of inviolable freedoms, rooted in our nature, given by God, for all people, at all times – we will wander away from them.  And American security, and America’s place in the world will be diminished. So the commission’s mission is to help uphold America’s noble tradition of unalienable rights in this world that often violates them.” (Emphasis added.)[2]

But this Commission is not “our nation’s authoritative voice on human rights. Remember, too, the [U.N.’s] Universal Declaration [of Human Rights] was spearheaded by an American woman, Eleanor Roosevelt.  She once said, “Where, after all, do…human rights begin?  They begin in small places, [places] close to home.”

After the speech, in response to a question from the audience, Pompeo said the Trump Administration believes “that every human being should be protected from conception through end of life, natural end of life. . . . We’ve done our level best to prevent . . .taxpayer dollars [are not going to organizations that were promoting abortion.] It’s called the Mexico City Policy. . . . [W]e still want to support women’s health issues all around the world. . . .But we’ve been diligent in trying to protect the unborn in every dimension of American foreign policy, and we’ll continue to be.”

Reactions

There was a lot to like in this speech. The U.S. Declaration of Independence of 1776 is indeed very important for U.S. and world history, as is its assertion that certain rights come from God.  Also positive was his emphasizing the importance of the U.N.’s Universal Declaration of Human Rights.

On the other hand, Pompeo made assertions that do not sit well with this blogger. He reiterated his argument that now there are too many “pet causes” and “mere political preferences or priorities” being disguised as “rights” and that instead we need to eliminate such notions (especially the right to abortion) and return to “fundamental, universal rights.” In so doing, he again failed to recognize that immediately after the Declaration of Independence’s recitation of certain “unalienable rights,” it states, “to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” In other words, this Declaration recognized that legislation would be necessary to secure or protect the unalienable rights and that in so doing the Declaration of 1776 could not anticipate everything that would happen in the future and prompt the people to ask their legislatures to  would provide additional rights.

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[1] State Dep’t, Pompeo Landon Lecture: In Defense of the American Rights Tradition (Sept. 6, 2019).

[2] This blog has published many posts about the Commission on Unalienable Rights.

 

U.S. Commission on Unalienable Rights Is Launched

On July 8, 2019, the U.S. State Department launched its Commission on Unalienable Rights.[1]

Secretary of State Pompeo’s Remarks

At the launch Secretary of State Michael Pompeo said “the Trump administration has embarked on a foreign policy that takes seriously the founders’ ideas of individual liberty and constitutional government. Those principles have long played a prominent role in our country’s foreign policy, and rightly so. But as that great admirer of the American experiment Alex de Tocqueville noted, democracies have a tendency to lose sight of the big picture in the hurly-burly of everyday affairs. Every once in a while, we need to step back and reflect seriously on where we are, where we’ve been, and whether we’re headed in the right direction, and that’s why I’m pleased to announce today the formation of a Commission on Unalienable Rights.”

The Commission will focus on “human rights grounded in our nation’s founding principles and the principles of the 1948 Universal Declaration of Human Rights. An American commitment to uphold human rights played a major role in transforming the moral landscape of the international relations after World War II, something all Americans can rightly be proud of. Under the leadership of Eleanor Roosevelt, the 1948 Universal Declaration on Human Rights ended forever the notion that nations could abuse their citizens without attracting notice or repercussions.” (Emphasis added.)

“With the indispensable support of President Ronald Reagan, a human rights revolution toppled the totalitarian regimes of the former Soviet Union. Today the language of human rights has become the common vernacular for discussions of human freedom and dignity all around the world, and these are truly great achievements.”

“But we should never lose sight of the warnings of Vaclav Havel, a hero of the late-20th-century human rights movement, that words like ‘rights’ can be used for good or evil; ‘they can be rays of light in a realm of darkness … [but] they can also be lethal arrows.’ And as Rabbi Jonathan Sacks has observed, the evils of any time and place will be justified in whatever is the dominant discourse of that time and of that place. We must, therefore, be vigilant that human rights discourse not be corrupted or hijacked or used for dubious or malignant purposes.”

“It’s a sad commentary on our times that more than 70 years after the Universal Declaration of Human Rights, gross violations continue throughout the world, sometimes even in the name of human rights. International institutions designed and built to protect human rights have drifted from their original mission. As human rights claims have proliferated, some claims have come into tension with one another, provoking questions and clashes about which rights are entitled to gain respect. Nation-states and international institutions remain confused about their respective responsibilities concerning human rights.” (Emphasis added.)

 With that as background and with all of this in mind, the time is right for an informed review of the role of human rights in American foreign policy.” (Emphasis added,)

The Secretary hopes that the Commission “will revisit the most basic of questions: What does it mean to say or claim that something is, in fact, a human right? How do we know or how do we determine whether that claim that this or that is a human right, is it true, and therefore, ought it to be honored? How can there be human rights, rights we possess not as privileges we are granted or even earn, but simply by virtue of our humanity belong to us? Is it, in fact, true, as our Declaration of Independence asserts, that as human beings, we – all of us, every member of our human family – are endowed by our creator with certain unalienable rights? (Emphasis added.)

To put it another way, “the commission’s charge is to point the way toward that more perfect fidelity to our nation’s founding principles. . . .” (Emphasis added.)

Secretary Pompeo’s Prior Wall Street Journal Article[2]

The day before the Department’s launching of the Commission. Secretary Pompeo published an article about the Commission in the Wall Street Journal, in which he made the following comments beyond what he said at the official launch.

“America’s Founders defined unalienable rights as including ‘life, liberty, and the pursuit of happiness.’ They designed the Constitution to protect individual dignity and freedom. A moral foreign policy should be grounded in this conception of human rights.”

“Yet after the Cold War ended, many human-rights advocates turned their energy to new categories of rights. These rights often sound noble and just. But when politicians and bureaucrats create new rights, they blur the distinction between unalienable rights and ad hoc rights granted by governments. Unalienable rights are by nature universal. Not everything good, or everything granted by a government, can be a universal right. Loose talk of ‘rights’ unmoors us from the principles of liberal democracy.” (Emphasis added.)

He hopes “that its work will generate a serious debate about human rights that extends across party lines and national borders.” It “will address basic questions: What are our fundamental freedoms? Why do we have them? Who or what grants these rights? How do we know if a claim of human rights is true? What happens when rights conflict? Should certain categories of rights be inextricably ‘linked’ to other rights?”

“The human-rights cause once united people from disparate nations and cultures in the effort to secure fundamental freedoms and fight evils like Nazism, communism and apartheid. We have lost that focus today. Rights claims are often aimed more at rewarding interest groups and dividing humanity into subgroups.” (Emphasis added.)

Oppressive regimes like Iran and Cuba have taken advantage of this cacophonous call for ‘rights,’ even pretending to be avatars of freedom. No one believed the Soviet call for collective economic and civil rights was really about freedom. But after the Cold War ended, many human-rights advocates adopted the same approach, appealing to contrived rights for political advantage.” (Emphases added.)

“The commission’s work could also help reorient international institutions specifically tasked to protect human rights, like the United Nations, back to their original missions. Many have embraced and even accelerated the proliferation of rights claims—and all but abandoned serious efforts to protect fundamental freedoms.” (Emphasis added.)

Human-rights advocacy has lost its bearings and become more of an industry than a moral compass. And ‘rights talk’ has become a constant element of our domestic political discourse, without any serious effort to distinguish what rights mean and where they come from.” (Emphasis added.)

Announcement of Commission’s Chair

On July 8, the Secretary announced that the Chair of the Commission will be Mary Ann Glendon, the Learned Hand Professor of Law at Harvard Law School, an expert on human rights, comparative law and political theory and former U.S. Ambassador to the Holy See, among many honors.

Professor Glendon acknowledged this appointment with the following remarks:

 

  • “Secretary, I am deeply grateful for the honor of chairing this new commission, and I wanted to thank you especially for giving a priority to human rights at this moment when basic human rights are being misunderstood by many, manipulated by many, and ignored by the world’s worst human rights violators. At the same time, I understand that the mission that you have set us is a challenging one. You’ve asked us to work at the level of principle, not policy, and you’ve asked us to take our bearings from the distinctive rights tradition of the United States of America, a tradition that is grounded in the institutions without which rights would not be possible: constitutional government and the rule of law. I want to assure you, Mr. Secretary, that we will do our very best to carry out your marching orders and to do so in a way that will assist you in your difficult task of transmuting principle into policy.”

Announcement of Nine Other Commission Members

The Secretary also announced the appointment of the following nine additional members of the Commission. (The Commission’s Charter calls for 15 members so there may be an additional five members to be named later.)[3]

Russell Berman. He is the Walter A. Haas Professor in the Humanities at Stanford University, a Senior Fellow at the Hoover Institution and co-chair of its Working Group on Islamism and the International Order. Recently he has written about the reemergence of anti-Semitism and China’s “programmatic efforts to suppress the ethnic identity of the Uighur people” of Islamic faith.

Peter Berkowitz.  He is the Ted and Dianne Taube Senior Fellow at the Hoover Institution and a member of its Military History/Contemporary Conflict Working Group and a member of the State Department’s Policy Planning Staff. He “studies and writes about, among other things, constitutional government, conservatism and progressivism in the United States, liberal education, national security and law, and Middle East politics.”

Paolo Carozza. He is Professor of Law and Political Science at the University of Notre Dame and Director of its Kellogg Institute for International Studies an interdisciplinary, university-wide body “focusing on the themes of democracy and human development.”  His expertise is in the areas of comparative constitutional law, human rights, law and development and international law. From 2006 through 2010 he was a member of the Inter-American Commission on Human Rights, the principle international body for protecting human rights in the Western Hemisphere, and he also has served the Holy See in various capacities.

Hamza Yusuf Hanson. He is an American Islamic scholar, proponent of classical Islamic sciences and founder of Zaytuna College, a Muslim liberal arts college in Berkeley, California. According to The New Yorker Magazine, he is  “perhaps the most influential Islamic scholar in the Western world.” He was born in the U.S. as Mark Hanson and grew up a practicing Greek Orthodox Christian, but at age 19 he read the Qur-an and converted to Islam.

Jacqueline C.  Rivers. She is Lecturer on Sociology at Harvard University. She holds B.A. and Ph. D degrees with honors from Radcliffe College and Harvard and has served as Doctoral Fellow in the Multidisciplinary Program in Inequality and Social Policy of the Harvard’s J. F. Kennedy School of Government and a Graduate Research Fellow of the National Science Foundation. Rivers, an African-American, also is the Executive Director of the Seymour Institute on Black Church and Policy Studies, which seeks to create and promote a philosophical, political and theological framework for a pro-poor, pro-life, pro-family movement within the ecumenical Black Church both domestically and internationally.

Meir Soloveichik. He is an American Orthodox rabbi with a Ph.D. degree in religion from Princeton University. He has written extensively about Jewish thought and life, the relationship between Judaism and Christianity and the limits of interfaith dialogue. In 2012 he gave the opening invocation at the Republican National Convention.

Katrina Lantos Swett. She is the former chair of the U.S. Commission on International Religious Freedom and now the President of the Lantos Foundation for Human Rights, which is named in honor of her father, a Holocaust survivor and former Democratic Congressman. She is married to Richard Swett, former Ambassador to Denmark and former Congressman, and she converted to his faith, The Church of Jesus Christ of Latter-day Saints. She has been an unsuccessful Democratic candidate for the U.S. House of Representatives and Senate.

Christopher Tollefsen. He is the University of South Carolina’s College of Arts and Sciences Distinguished Philosophy Professor with specialization in moral philosophy, natural law ethics, practical ethics and bioethics. He has written many articles for “Public Discourse,” the journal of the Witherspoon Institute, which seeks to promote public understanding of the moral foundations of free societies.  He also is a co-author of Embryo: A Defense of Human Life and the editor of John Paul II’s Contribution to Catholic Bioethics.

David Tse-Chien Pan. He is Professor of German at University of California, Irvine. His research has focused on the problem of aesthetic experience as a mediator of human history in order to understand how history develops through a process of recollection and interpretation that depends on judgment and takes the reception of works of art as its model.

Reactions

Secretary Pompeo’s Wall Street Journal article for the first time really sets forth what has been speculated as the Commission’s true mission: redefinition and narrowing of international human rights.

A senior State Department official, in a report by CBS News, made the same point, perhaps more diplomatically, when he said the Commission will act like a “study group, examining the concept of universal human rights, where those rights come from and the difference between inherent rights and those prescribed by governments. . . . Unalienable rights are granted to everyone, everywhere, at all times. It doesn’t matter if you’re straight or gay, or a man or a woman, or black, white, brown or purple.’”

However, this official said, topics like abortion and gay marriage will not be part of the panel’s agenda. ‘Women’s rights or gay rights or healthcare rights, those are domestic issues.’ At some point gay marriage might be considered one of those, but this is an issue that’s being worked out on a nation-state level.’”

The importance of this Commission from the Trump Administration’s standpoint is underscored by the impressive resumes of its Chairperson and its initial other members. Therefore, advocates for the existing body of international human rights law need to prepare to combat this onslaught.

Amnesty International USA immediately said there was no reason for such a review given the decades-old protections in place and that the use of the word “unalienable” might be a code word to narrow human rights to the Founders’ notions of the late 18th century. Similar thoughts were expressed by the American Civil Liberties Union: “taxpayer resources would be better spent assessing the administration’s failure to meet basic human rights obligations, rather than redefining those rights.”

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[1] State Dep’t, Secretary of State Michael R. Pompeo Remarks to the Press (July 8, 2019); Sullivan & Wong, State Department Creates Advisory Panel on Human Rights, N.Y. Times (July 8, 2019); Reuters, Pompeo Launches Panel to Review Human Rights in U.S. Foreign Policy, N.Y. Times (July 8, 2019)(notes Trump Administration’s U.N. actions against sexual and reproductive health measures); Assoc. Press, Trump Administration Reviews Human Rights’ Role in US Policy, N.Y. Times (July 8, 2019). Previous posts to this blog have discussed this Commission: Is Trump Administration Attempting To Redefine International Human Rights? (June 15, 2019); Other Reactions to State Department’s Commission on Unalienable Rights (June 17, 2019); More Thoughts on Commission on Unalienable Rights (June 18, 2019); U.S. Commission on Unalienable Rights: Developments (July 4, 2019).

[2] Pompeo, Unalienable Human Rights and U.S. foreign Policy, W.S.J. (July 7, 2019).

[3] Another source listed two possible additional members of the Commission: Kiron Skinner and F. Cartwright Weiland. Skinner is the Director of Policy Planning at the State Department and a former Research Fellow at Stanford University’s Hoover Institution and a professor at Carnegie Mellon University. Weiland is a current or former chief speechwriter for Senator John Cornyn and Republican Whip (Rep., TX) and/or Policy Analyst at Texas Conservative Coalition Research Institute. (Ruffini, Mike Pompeo unveils new “Unalienable Rights” commission amid concerns over progressive rollbacks, CBS News (July 8, 2019).)

 

 

 

 

 

 

 

Is Trump Administration Attempting To Redefine International Human Rights?

Since the end of World War II, treaties and international institutions have defined and developed international human rights and institutions, as discussed in previous posts. [1]

Commission on Unalienable Rights [2]

Now with little fanfare the U.S. State Department recently announced the establishment of  the Commission on Unalienable Rights. Here are the key provisions of its Charter:

  • The Commission will provide the Secretary of State with “informed advice and recommendations concerning international human rights matters . . . [and] fresh thinking about human rights and . . . reforms of human rights discourse where it has departed from our nation’s founding principles of natural law and natural rights.” (Para. 3) (emphasis added).
  • The Commission’s advice and recommendations will help “guide U.S. diplomatic and foreign policy decisions and actions with respect to human rights in international settings . . . [and] recover that which is enduring for the maintenance of free and open societies.” (Para. 4) (emphasis added).

The Commission will be composed of “no more than fifteen members who have distinguished backgrounds in international law, human rights, and religious liberties.” Its membership “will be a bipartisan, diverse group of men and women.”

The phrase “unalienable rights,” of course, comes from the second paragraph of the U.S. Declaration of Independence of July 4, 1776: “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.” (Emphasis added.)

At first glance this may sound like an unobjectionable reference to an important document and concept of U.S. history. But it may be much more than that. It may be an attempt by the Trump Administration to redefine international human rights, as suggested by Eric Posner, Professor at the University of Chicago Law School.

Reactions of Professor Eric Posner [3]

Posner so far has been the only one to have noticed this Commission. He says “the significance of . . . [this Commission] should not be overlooked. It puts the government’s imprimatur on an assault upon one of the cornerstones of modern liberalism: international human rights.”

This conclusion, Posner argues, follows from the Commission’s name, implicitly emphasizing that these rights are endowed ‘by their Creator” and come from “natural law” and “natural rights.” This interpretation, he claims, also is suggested by the Charter’s reference to “discourse,” implying that contemporary human rights is merely talk, not law. In short, this Charter is conservatives’ “declaration of intent. Its plainly stated goal is not just to wipe away the baleful foreign influence of human rights ‘discourse’ but to revive [conservative] 18th-century natural law.”

In Posner’s opinion, the reference to natural law is an indirect endorsement of contemporary Roman “Catholic conservative intellectuals, who kept alive the academic tradition of natural law long after mainstream secular intellectuals forgot what it was —[and, therefore,] . . .  goodbye to reproductive rights and protections for sexual minorities.” Posner also claims that Robert George, a prominent Catholic intellectual, natural-law theorist, and opponent of abortion rights and same-sex marriage, played a role in the creation of the Commission. In other words, this new commission will provide “the ideological justification for the anti-abortion foreign policy that the Trump administration has undertaken”

Natural law, says Posner, can also be used by conservatives to argue for “expanded religious freedoms that override statutes with secular goals, and to push back against progressive government programs like universal health care. The ‘right to health,’ a centerpiece of ‘human rights law,’ is firmly rejected by natural-law theorists like George.

“But the mission of the commission may be even bolder,” in Posner’s opinion. ”If we take the idea of natural law seriously, it not only overrides statutes in foreign countries that protect abortion rights and respect same-sex marriage. It also overrides American laws that protect abortion rights and respect same-sex marriage. One can imagine a day when a Supreme Court justice, taking a page from [former Supreme Court Justice Anthony] Kennedy, invokes natural law — supposedly endorsed by the founders, after all, and embodied in the sacred Declaration — to vote to overturn Roe v. Wade and to prepare the path for an even holier grail, the abolition of state laws that grant abortion rights.”

“Liberals hoped that human rights, sanctified by the sacrifices of the victims of totalitarianism, would provide common ground in a world of competing ideologies. But what human rights actually helped produce was a liberal international order that has offended a great many people who do not share liberal values. The backlash began years ago in authoritarian countries, in developing countries that saw human rights as an affront to their traditions and as a mask for imperialist goals, and in highly religious countries. These countries advanced interpretations of human rights law that conform with their values or interests but made little headway against dominant elite opinion. What is new is that the government of the world’s most powerful nation [the U.S.], long acknowledged (if grudgingly) as the leader of the international human rights regime, has officially signed on to that backlash.”

Presumably this Posner argument is expanded in his recent book, The Twilight of Human Rights Law.[4]

Conclusion

Although noted author and commentator George Will is not a fan of President Trump, he probably is sympathetic to the recent trumpeting of “ unalienable rights” and “natural law” and “natural rights.” In the “Introduction” to his new book, The Conservative Sensibility, Will says “We [conservatives] seek to conserve the American Founding” with a “clear mission: It is to conserve, by articulating and demonstrating the continuing pertinence of, the Founders’ thinking.” Indeed, “Americans codified their Founding doctrines as a natural rights republic in an exceptional Constitution, one that does not say what government must do for them but what government may not do for them.”

Therefore, according to Mr.Will, “The doctrine of natural rights is the most solid foundation—perhaps the only firm foundation—for the idea of the political equality of all self-directing individuals..”

In retrospect, perhaps the Trump Administration has been dropping hints that something like the Commission might be coming by the State Department’s using the phrase “unalienable rights” in various statements and documents.[5]

Although this blogger has no objection to contemporary references to the language of our Declaration of Independence, he does object to the notion that this new Commission is an underhanded way to implement current political preferences of this Administration. Moreover, this blogger suggests that it is too simplistic to use notions of natural law to preempt the decisions on the previously mentioned contemporary issues.

After all, natural rights and human rights treaties can be seen as compatible allies, just as English and American common law are compatible with their respective statutes. Such multilateral treaties with provisions for implementation and amendment are drafted by committees and individual nation states are not bound by the treaties unless and until they ratify the treaties. Similarly domestic statues in the U.S. and U.K. are prepared and adopted by legislatures, often as a result of common law developments, and always are subject to subsequent amendment.

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[1]  See posts listed in the following: List of Posts to dwkcommentaries—Topical: Law (INTERNATIONAL CRIMINAL COURT); List of Posts to dwkcommentaries—Topical: Law (REFUGEE & ASYLUM)List of Posts to dwkcommentaries—Topical: Law (TREATIES); List of Posts to dwkcommentaries—Topical: Law: U.S. (ALIEN TORT STATUTE); List of Posts to dwkcommentaries—Topical: Law U.S. (TORTURE VICTIMS  PROTECTION ACT).

[2] State Dep’t, Notice: Department of State Commission on Unalienable Rights, 84 Fed. Reg. 25109 (May 30, 2019); State Dep’t, Charter: Commission on Unalienable Rights (created: May 10, 2019); State Dep’t, Membership Balance Plan: Commission on Unalienable Rights (created: May 10, 2019).

[3] Posner, The administration’s plan to redefine ‘human rights’ along conservative lines, Wash. Post (June 14, 2019).

[4] Posner, The Twilight of Human Rights Law (Oxford Univ. Press, 2014-).

[5]  State Dep’t, Secretary Tillerson’s Testimony before Senate Appropriations Committee (June  13, 2017) (“Our mission is at all times guided by our longstanding values of freedom, democracy, individual liberty, and human dignity. The conviction of our country’s founders is enduring: that all men are endowed by their creator with certain unalienable rights.” (Emphasis added); State Dep’t, [Secretary Tillerson’s] Remarks With Secretary General of the Community of Democracies Thomas Garrett (Sept. 17, 2017) (“In our Declaration of Independence, our founders boldly stated that all are endowed by their creator with the unalienable rights of life, liberty, and the pursuit of happiness.” (Emphasis added); State Dep’t, [Secretary Tillerson’s] Remarks at the “Conversation on the Value of Respect” Event (Jan. 12, 2018) (“It was the Secretary of State Thomas Jefferson who wrote that we are all endowed with certain unalienable rights – life, liberty, and the pursuit of happiness”); State Dep’t, Remarks on the Release of the 2017 Country Reports on Human Rights Practices (April 20, 2018) (these annual reports “are a natural outgrowth of our values as Americans. The founding documents of our country speak to unalienable rights, fundamental freedoms, and the rule of law – revolutionary concepts at the time of our founding that are now woven into the fabric of America and its interests both at home and abroad”); State Dep’t, The State Department Role in Countering Violent Extremism (May 30, 2018) (“America is committed to individual rights, and we recognize the inherent worth and dignity of every human being. We are all, in the words of the Declaration of Independence, endowed by our Creator with certain unalienable rights, including life, liberty, and the pursuit of happiness”); State Dep’t, 2018 Country Reports on Human Rights Practices (Mar. 13, 2019) ((Secretary Pompeo’s Preface :”The United States was founded on the premise that all persons “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. Our Constitution secures these unalienable rights . . . in the First [and Fifth] amendments.” ((emphasis added); State Dep’t, Secretary of State Michael R. Pompeo At the Celebration of Israel’s 71st Independence Day (May 22, 2019) (both the Israel Declaration of Independence of 1948 and the U.S. Declaration of Independence of 1776 “speak of central ideas that are ‘self-evident’ – In the American case, it’s the truth that men are created equal and have rights that are unalienable”) (Emphasis added).