Tom Mullen: Libertarians Founded the United States

Andrew Napolitano recently showed a clip in which Rick Santorum explained his views on libertarianism. His comments are also instructive in understanding his animosity (politically) towards Ron Paul. Santorum said:

“One of the criticisms I make is to what I refer to as more of a Libertarianish right. They have this idea that people should be left alone, be able to do whatever they want to do, government should keep our taxes down and keep our regulations low, that we shouldn’t get involved in the bedroom, we shouldn’t get involved in cultural issues. That is not how traditional conservatives view the world. There is no such society that I am aware of, where we’ve had radical individualism and that it succeeds as a culture.”



As David Boaz pointed out in the interview with Napolitano, Santorum seems to oppose a basic American principle- the right to the pursuit of happiness. I agree with him on this, but there is something even more fundamental here than that. It has to do with the conservative philosophy itself. One of the statements that Santorum makes is true. “That is not how traditional conservatives view the world.”

There is a great disconnect between average Americans who refer to themselves as
“conservatives” and the small group of politicians and politically-connected businessman who likewise refer to themselves. The members of the former group believe in the founding principles of the United States, including the inalienable rights to life, liberty, and the pursuit of happiness. They believe that these rights are endowed by their Creator. In other words, they preexist the government. They are not created by the government. It is the government’s one and only job to protect those rights and when the government fails to protect them and instead violates them, it is the duty of the people to alter or abolish the government.

These inalienable rights are also referred to as “natural rights,” meaning that man possesses them even in the state of nature (the state without government). For Jefferson, whose philosophy was inspired by Locke, the reason that men formed governments was to protect these rights better than they could be protected otherwise.

Locke viewed man in his natural state as capable of both good and evil. For Locke, man’s natural state was a state of reason, which meant that he respected the rights of other men and observed the natural law of non-aggression. “The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions.”

For Locke and his philosophical heir Jefferson, this natural law of non-aggression was the basis of government power. By prohibiting aggression by one person or group against another, the government would preserve the natural rights to life, liberty, and property. Importantly, repelling aggression was also the limit of government power, for when the government exercised power for any other reason it was committing aggression itself and invading the rights it was meant to protect.

That this was Jefferson’s guiding political principle is clear from his many statements to that effect. In his first inaugural, he argued for,

“…a wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities.”

In a letter to Francis Walker Gilmer in 1816, he wrote, “Our legislators are not sufficiently apprised of the rightful limits of their powers; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him.”
Even on religious freedom, Jefferson based his position on the non-aggression principle. ““The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg.”

Read more: Earth to Rick Santorum: Libertarians Founded the United States

h/t Liberty Pulse