By Eric Metaxas
For those out there who think our rights are given to us by government, remember this: What government gives, government can take away. I’ll explain.
During a recent appearance on CNN, Roy Moore, the chief judge of Alabama’s Supreme Court, debated the issue of same-sex marriage with CNN’s Chris Cuomo, the son of the late New York governor Mario Cuomo and the brother of New York’s current governor, Andrew Cuomo.
During the discussion, Moore said that “Our rights, contained in the Bill of Rights, do not come from the Constitution. They come from God. That’s clearly stated in the Declaration of Independence.” Cuomo then responded “Our rights do not come from God, your honor, and you know that. They come from man.”
Cuomo added that the idea of God-given rights is “your faith [and] my faith, but that’s not our country. Our laws come from collective agreement and compromise.”
I can’t help but wonder which country Cuomo is referring to. After all, the Declaration of Independence, by way of justifying the enormous steps the Founding Fathers were about to take, states “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.” And “That to secure these rights, Governments are instituted among Men . . .”
These words, which previous generations of American school children were made to memorize, set forth an order that is 180 degrees from that suggested by Cuomo: first comes the Creator, who then endows his creatures with “certain unalienable rights,” and then the creatures form governments to “secure those rights.”
In essence, Cuomo is resorting to a kind of legal positivism, that is, the idea that “law is a matter of what has been posited,” something “ordered, decided, practiced, [or] tolerated,” and is not based on any deeper truth.
But that approach has serious flaws—as our own history bears out…
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