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" "The equality of mankind is best understood in light of a two-fold inequality. The first is the inequality of mankind and of the subhuman classes of living beings that comprise the order of nature. Dogs and horses, for example, are naturally subservient to human beings. But no human being is naturally subservient to another human being. No human being has a right to rule another without the other's consent. The second is the inequality of man and God. As God's creatures, we owe unconditional obedience to His will. By that very fact however we do not owe such obedience to anyone else. Legitimate political authority—the right of one human being to require obedience of another human being—arises only from consent. The fundamental act of consent is, as the 1780 Massachusetts Bill of Rights states, "a social compact by which the whole people covenants with each citizen and each citizen with the whole people that all shall be governed by certain laws for the common good." The "certain laws for the common good" have no other purpose but to preserve and protect the rights that each citizen possesses prior to government, rights with which he or she has been "endowed by their Creator." The rights that governments exist to secure are not the gift of government. They originate in God.
Harry Victor Jaffa (7 October 1918 – 10 January 2015) was an American historian, writer, and collegiate professor from New York City, known for his writings on the American Civil War.
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The 43rd Federalist deals definitively with this question. There was no question but that the Constitutional Convention, simply as a convention, had no authority of any kind. It did not form a government. But it said that the ratification of nine states shall then bring this new government into existence. The Congress of the Confederation transmitted the results to the country, the ratifications took place, and the government came into existence.
South Carolina cites, loosely, but with substantial accuracy, some of the language of the original Declaration. That Declaration does say that it is the right of the people to abolish any form of government that becomes destructive of the ends for which it was established. But South Carolina does not repeat the preceding language in the earlier document: 'We hold these truths to be self-evident, that all men are created equal'.
And Lincoln pointed out that this argument—which the Court applied to the territories—could also equally well be applied to the states, so that the prospect of slavery becoming national, not only through the spread into the new territories but in the spread to the states, was very great. This was Lincoln’s argument.