Because they are equal and free by nature, human beings may not rightfully consent to just any government—to a form of tyranny, for example. In the idea of natural human equality and freedom is the recognition of human rationality and of the limits of human rationality. As Locke wrote, "we are born free as we are born rational." Because human beings are by nature rational beings, one man may not rightly rule over another as he may rightly rule over a non-rational being (like a dog or a horse). But also, because no man is all-knowing or all-good—that is, because human reason is limited and fallible and subject to human passions—one human being may never rightly subject himself to the unrestrained will or unlimited power of another. This is what James Madison meant when he wrote that "government... [is] the greatest of all reflections on human nature[.]"
If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place, oblige it to control itself.
Human nature or human equality—the fact that human beings are neither angels nor mindless brutes—gives rise to the idea of constitutional or limited government. This is a political constitution that conforms to the natural constitution of man. Because human beings are fallible and because their reason is subject sometimes to their passions, human government must be subject to law. Human beings would only reasonably consent to be ruled by laws made by another if that other agreed to be bound by the same laws. A nation "dedicated to the proposition that all men are created equal" will—if circumstances permit—be under a "government of the people, by the people, for the people." In other words, the principle of equality gives rise most naturally to a democratic or republican form of government. James Madison expressed this idea in
Federalist 39, where he considered whether the government proposed under the new constitution would be "strictly republican." "It is evident," he wrote,
that no other form would be reconcilable with the genius of the people of America; with the fundamental principles of the Revolution; or with that honorable determination which animates every votary of freedom, to rest all our political experiments on the capacity of mankind for self-government.
This brings us votaries of freedom back to where we began. So let these suffice for our Fourth of July reflections this year, save one final thought. Secretary of Defense Donald Rumsfeld thought it prudent recently, in the
Wall Street Journal, to offer his fellow Americans the following sober reminders:
The years after our war of independence involved a good deal of chaos and confusion. There were uprisings such as Shays' Rebellion, with mobs attacking courthouses and government buildings. There was rampant inflation caused by the lack of a stable currency and the issue of competing paper monies by the various states. There were regional tensions between mercantile New England and the agrarian South. There was looting and crime and a lack of an organized police force. There were supporters of the former regime whose fate had to be determined. Our first effort at a governing charter—the Articles of Confederation—failed miserably, and it took eight years of contentious debate before we finally adopted our Constitution.
Even for the heroic Revolutionary generation of Americans, there was much to learn and much to overcome on the way to ensuring that free government would be good government. So let us gather again on Constitution Day, September 17, to continue the conversation. It will do us all good—young and old alike. Happy Fourth.
(taken from The Claremont Institute Website
http://www.claremont.org/ )