When it seemed that conservatism was finally settling into some defined boundaries under the presidency of Donald Trump, however fitfully—into Trump alt-populists, Never Trump former neocons, establishmentarian veterans of the two Bush administrations, expert/reform conservatives, social communitarians, big L libertarians, and a residue of libertarian-conservative fusionists—here comes Anglo-American Toryism as the proper resolution.
Nineteenth-Century Americans associated with the nativist American Party (a.k.a., “Know Nothings”) proposed extended probationary periods before immigrants could apply for U.S. citizenship. They also forwarded other policies aimed to press the assimilation of (mainly) Catholic immigrants, or at least to mold immigrant behavior to conform with the predominant scruples of American Protestants. (Some latitude was allowed German Lutherans, particularly with respect to temperance.) While nativist, however, the Know Nothing movement did not broadly advocate restrictions on immigration. I wondered in a prior post whether the Americanism of the American Party, namely, a commitment to the natural-rights position of humanity’s common ownership of the earth (consistent with the natural rights philosophy articulated in the Declaration of Independence at the nation’s founding), channeled their energies toward assimilation and away from restrictions.
The Benedict Option, Rod Dreher’s much-discussed book, has largely been portrayed as a way to rethink Christian political and cultural engagement. How, exactly, the rethinking ought to play out has been debated incessantly, albeit often superficially, as only the Internet can ensure. Dreher does attempt to make clear, in any case, that Christians should focus “all the attention they have left for national politics” on expanding religious liberty. Religious liberty is naturally necessary for any religious undertaking and Dreher is right to recognize that without it no one could take his advice to focus on cultivating local politics and community. But…
I posted earlier this week regarding whether Americans still believe the Declaration of Independence’s affirmation that they “consent” to laws and taxes through their legislative representatives. There may be good reasons Americans no longer believe they really consent to the laws their representatives enact, but it is a striking change from the beliefs articulated during the founding era.
In considering whether Americans still believe the Declaration of Independence, we next consider the most-well known section in the Declaration, “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, that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.”
There are, of course, entire books devoted to these few lines. A few observations, however. First, what is the link between there being a creator and persons being endowed with “unalienable” (or inalienable) rights?
Between the breathless whispers that Judge Neil Gorsuch intends to impose either medieval Catholicism or, worse, Oxford sensibilities from the bench through the mechanism of natural law and the fear that he might otherwise glide into the legal positivism of which Justice Scalia was unreasonably accused lies another possibility: The Constitution can neither be interpreted through natural law nor reduced to positive law. It is more profitably understood as fundamental law.