By Rich Lowry
Friday, September 05, 2025
Tim Kaine needs to report to a remedial civics class as
soon as possible.
The Virginia senator and former vice presidential
candidate expressed outrage at a congressional hearing that a Trump nominee
said that our rights come from God, not government.
Kaine suspected incipient theocracy, warning that the
Iranian regime persecutes religious minorities on exactly this basis. “They do
it,” he explained, “because they believe that they understand what natural
rights are from their creator.”
In searching for an example more relevant to the American
experience, Kaine might cast his mind back to a fellow Virginian — a tall,
sandy-haired, Charlottesville-area gentleman with an interest in architecture,
a taste for fine wine, and a knack for writing. Ring any bells?
Thomas Jefferson had three things inscribed on his
tombstone: drafter of the Virginia statute for religious freedom, founder of
the University of Virginia, and author of the Declaration Independence.
Kaine could lodge all the same complaints he made about
the offending nominee, Riley Barnes, against the Declaration of Independence,
which shockingly maintains that all persons are “endowed by their Creator with
certain unalienable Rights” and calls this proposition — with arrogant
certitude — a “self-evident” truth.
Luckily for the Sage of Monticello, he didn’t have to get
confirmed as ambassador to France by a Senate foreign relations committee
including Tim Kaine (as it happened, the U.S. Senate didn’t exist yet).
Kaine might consider that, in taking his oath of office,
he actually pledged to defend a constitutional system that is founded on the
idea that our rights exist prior to government.
As Jefferson noted later, the sentiments of the
Declaration were commonplace in 18th-century America. Jefferson’s nemesis,
Alexander Hamilton, stated that “the sacred rights of mankind” are “written, as
with a sun beam, in the whole volume of human nature, by the hand of the
divinity itself; and can never be erased or obscured by mortal power.”
John Adams, James Wilson, and John Dickinson, among other
Founding figures, said exactly the same thing.
Whereas Tim Kaine hears someone say our rights come from
God and thinks of the writings and thought of, say, the Ayatollah Khomeini, the
philosophical basis of the idea is found in the work of John Locke, one of the
greatest Enlightenment thinkers. Locke grounded his liberalism in an
understanding of mankind as possessing inherent God-given rights and dignity.
The power of this idea is that in a conflict between our
rights and laws impinging on them, the laws must give way.
Kaine’s view that rights come from the government implies
that the state gets to decide whether or not and to what extent we have rights.
The American project, though, is based on the belief that it is the duty of
government to respect preexisting rights, and if a government tramples on them,
it has failed and is illegitimate.
The abolitionists used this view to great effect in the
19th century. Even though the government had decided that it was permissible
for one class of people to enslave another, the abolitionists believed that
this was an offense against God. Enslaved people had a natural right to liberty
that couldn’t be erased.
So Kaine must have a beef with the likes of William Lloyd
Garrison, Frederick Douglass, and Abraham Lincoln. He presumably would have
gone ballistic over Garrison’s conviction that the “right to enjoy liberty is
inalienable. To invade it is to usurp the prerogative of Jehovah.” Rather than
a warrant for theocracy, the Garrison view supported the extension of rights.
As he put it, “wherever there is a human being, I see God-given rights inherent
in that being, whatever may be the sex or complexion.”
Kaine’s outburst shows how progressives have an allergy
to God in any context other than a personal one, and how it isn’t just
schoolchildren who are ignorant about our history and system of government. Is
it too much to ask that a U.S. senator know a little bit about our heritage?
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