Kaine vs. Jefferson

Recently Senator Kaine of Virginia said that people’s rights are creations of their government. Conservatives then griped that he was denying  the divine endowment of those rights. What they and others should have been objecting to is that what he said is fundamentally wrong and deeply illiberal. Whether one believes in individual rights out of religious conviction or from secular philosophical considerations is irrelevant in the context of rejecting Kaine’s claim. People own their own lives and have their unalienable rights regardless of the actions of their governments. Slaves in Cuba or North Korea have the same right to life, liberty, and the pursuit of happiness as citizens of the United States. They are unfortunate in being subject to tyrannies that violate those rights, while Americans are lucky in having a government that generally respects them. But the rights of human beings are the same everywhere. Better governments respect them. Worse governments suppress their exercise. No government creates them, and governments can justify and legitimatize themselves only by securing them. Better Virginians than Kaine have understood that.