A clear understanding of terms is necessary for a meaningful discussion.
The origin and principle of Natural Law, the origin and purpose of Positive Law, and the relationship of each to Natural Rights must be understood.
- Mankind in its natural state posesses Natural Rights
- These Rights are inalienable
- Mankind is seperated from the beasts by the light of Reason
- Natural Law is the law of right Reason
- Mankind is social and forms Societies
- Natural Law dictates the necessity of restraint of Natural Rights within a Society, for Reason dictates: “do unto others as you would have them do unto you”. This fundamental principle is a credo universally accepted by all societies.
- Natural Law is the first restraint on Natural Rights
- Mankind is Fallible
- Mankind will deviate from the universal credo
- Mankind will make errors of Reason
- Mankind will have disagreements of Reason
- To secure Natural Rights to the degree possible and agreed to, a Society must institute Government
- Government issues Positive Law
- Natural Rights are secured through Positive Law
- Positive Law derives its Power and Legitimacy from Natural Law, and its Authority and Enforcability from Government
- Government Authority is derived from the Consent of the Governed
All are born posessing Natural Rights. Those Rights exist until death.
In Society, as a consequence of Natural Law, Natural Rights are restrained by Positive Law.
The restraint of a Natural Right is not an elimination of that Right.
Upon birth, children are members of a family, as is their Natural Right. The child has a Natural Right to the parents, and to no one else. The parents, and no one else, have a Natural Right to the child, and to no one else.
There is no Natural Right to membership in another family.
There is no Natural Right to membership in another family’s nation, or their Society.
The family is a member of their tribe/nation and its Society.
Members of Society born from members of Society is the natural due course of events untended by Positive Law.
A Society may by Positive Law admit others.
All members of Society are termed Citizens.
Citizens born from Citizens are Natural Born Citizens.