Cutting Ties With the Founders
The New York Times reports today that the Democratic Party across the country is erasing its ties with its founders. No longer will the annual party dinners commemorate Thomas Jefferson and Andrew Jackson (as the Republican dinners commemorate Abraham Lincoln). The party wants to be more inclusive, and according to former Democratic Congressman Barney Frank, this is an honest nod to the fact that the politics of racial and sexual identity now trumps the classic Democratic emphases on democracy and economic equality.
Both Jefferson and Jackson were slave-owners, of course, and Jackson played a leading role in the forced removal of thousands of Native Americans from the southeast.
The commemoration of Jefferson and Jackson is as old as the Democratic Party, but it was Franklin D. Roosevelt who sought to mold the party’s image indelibly around them. Jefferson, the author of the Declaration of Independence’s ringing celebration of human equality, and Jackson, the inspiration of modern democracy and the common man, were seen as powerful alternatives to the Republicans’ Lincoln in a time when FDR was trying to forge a coalition of farmers and working class Americans across the country.
But the opportunities facing the Democrats have changed. Now, while the Republican Party becomes increasingly white, the Democratic Party grows in diversity. Given the way in which identity shapes voting patterns, this is not good news for the Republicans. It may seem odd that a major American party would cut its ties with the founding fathers (If the Democrats have their way does America eventually erase Jefferson, Jackson – and Washington too – off its currency? Do the memorials go?), but partisan politics is about the present, not the past. In short, this is predictable.
But what is especially important about this shift is its symbolic meaning. You might think the erasing of ties to Jefferson and Jackson is fundamentally about their role as slave-holders, but the real meaning has just as much to do with the Democratic Party’s rejection of natural law. Remember, again, the words of Jefferson, once thought to be immortal, enshrined in America’s founding document:
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.
From whence do these rights – this equality – derive? From “the Laws of Nature and Nature’s God,” as the previous paragraph declares.
It is no accident that the rejection of Jefferson follows only a few years after the Democratic Party committed itself to gay marriage. The establishment of gay marriage represents the culmination of a fifty-year long shift on the part of the Supreme Court – one enthusiastically supported by the Democratic Party – away from any sort of grounding of human rights and civil law in the laws of nature and nature’s God. Natural rights are out; civil rights are the rage. Natural law is dead; civil law is supreme. Given that morality has no objective reality to it – it is a human invention, not a reflection of a Creator’s purpose for creation – it can only be grounded in subjective reality: individual autonomy.
As Justice Kennedy wrote in Lawrence v. Texas in 2003, “liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct.” Based upon this “autonomy of self” citizens have no right to use the democratic process to discourage, let alone criminalize, acts they deem fundamentally immoral. But as Robert R. Reilly points out, this formulation is unusual.
Why did Justice Kennedy not simply say that liberty includes these freedoms, or, … that liberty itself is rooted in unalienable God-given rights? Why the presumption of ‘an autonomy of self’ as the supposed foundation for it? What does this mean?
What it means is that the whole trajectory of the Supreme Court’s reasoning about matters of morality during the past 50 years – a span that encompasses the Court’s determination that an adult’s right to privacy (i.e., autonomy) trumps an unborn child’s right to life – constitutes a rejection of the very doctrine of natural rights and natural law that the founding fathers viewed as the foundation for human happiness. The Democratic Party may as well announce that it is erasing its ties with the Declaration of Independence in favor of a new commitment to the autonomy of self.
We have been here before, of course. When it embraced the infamous Dred Scott decision (which ran roughshod over natural rights in declaring that black people are not, in fact, persons at all) on the eve of the Civil War, the Democratic Party engaged in a short-lived experiment to see if a racist will to power could become the foundation for American government. Abraham Lincoln responded by appealing to Thomas Jefferson’s words in the Declaration that all men are created equal, words that he said were prior in authority to the Constitution itself.
Lincoln recognized that while the founding fathers had their flaws (slavery!), it was in the doctrine of the founders that the purpose of America could be realized. The founders got a lot wrong, but they got the most important things right: natural law, equality, human rights as derived from the Creator, life, liberty, and the pursuit of happiness. The Democrats’ determination to be a party of diversity and inclusion is laudable (and one that the Republicans desperately need to emulate!), but this is not the way to do it.
The Democrats’ desire to erase their party’s ties with Jefferson and Jackson is significant because it constitutes a symbolic rejection of the men who articulated and sought to embrace the self-evident principles of the laws of nature and nature’s God. This is not liberalism. It is the abandonment of liberalism. That’s tragic for the Democratic Party and it is very bad news for America.
Posted on August 11, 2015, in Abortion, African Americans, American Founding, Constitution, Democratic Party, Equality, Homosexuality, Liberty, Marriage, Natural Law, Republican Party, Rights, Supreme Court and tagged Abraham Lincoln, Andrew Jackson, Anthony Kennedy, Lawrence v. Texas, Thomas Jefferson. Bookmark the permalink. Comments Off on Cutting Ties With the Founders.