Protecting Rights in a Free Society
Protecting Rights in a Free Society
The Declaration of Independence asserts that preserving the rights of the people is the basic purpose of self-government. It states, “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”
In accordance with that principle, the Founders created the Constitution to protect natural and civil rights and liberties through republican government. They considered the entire Constitution—not just the Bill of Rights—to be the guarantor of civil rights. As Alexander Hamilton wrote in Federalist #84, “The Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS.” For instance, the bedrock constitutional principles of separation of powers, checks and balances, federalism, majority rule, minority rights, and bicameralism that animate the design of government are meant to create just government directed at the public good and to preserve the rights of the people. Therefore, the people can thrive in a free society. As James Madison asserted in Federalist #51, “Justice is the end of government. It is the end of civil society.”
The Constitution has several limits on government power. Article I, Section 9 provides specific limits on congressional power. The text of the Constitution also protects several individual liberties. The Bill of Rights lists several rights such as religious liberty, free speech, and the rights of the accused that the national government—and since the Fourteenth Amendment, the states and local governments—cannot violate.
But constitutional limits on power that protect rights are only part of the story. The branches of the federal government are intended to exercise their powers in a way that preserves liberty. Congress works through popular representation and deliberation, with the idea that its processes will lead to the passage of just laws for the common good. Congress governs through majority rule but must protect the rights of the minority. The executive must enforce those laws justly, so that all may live equally under the rule of law and with the protections of due process. The judiciary decides cases with an aim to supporting constitutionalism, justice, and liberty under law.
State and local government have a critical role to play in preserving liberty. States have their own constitutions, every one of which contains its own bill of rights that protect fundamental liberties. Under the principle of federalism, these governments are responsible for making laws and exercising certain police powers to advance liberty. For example, they have police forces that protect life, liberty, property, and the rule of law. States are also responsible for public schools to educate young people in knowledge, duties, and rights as citizens. States and localities have autonomy to establish rules about exercising the rights of citizenship, such as voting and serving on juries that protect civil rights and liberties. Generally, states and localities help to preserve civil rights and civil liberties in ways that express the common values of the community within the federal republic.
In addition, all members of civil society are responsible for respecting others’ rights in self-government. Citizens must practice civic virtues to develop habits of good citizenship. Acting with moderation and prudence, we must respect others’ rights and sometimes act courageously to defend those rights even when it is not popular. We must act justly and uphold what is right. A free society experiences greater justice, harmony, and political prosperity when its members practice civic virtues diligently to protect the rights and liberties of all.
According to the Founders, the purpose of government is to secure individual rights. Self-governance in a constitutional republic entrusts protecting those rights to all branches and levels of government and to the citizens themselves.