Two-hundred and forty-four years ago today, fifty-six brave men took their lives in their own hands and signed their names to a document almost unprecedented in human history. The Declaration of Independence is a profound statement of Enlightenment principles and has guided the progress and development of human rights and liberal constitutionalism in this nation and across the world. Our nation, and the men who founded it, did not always live up to the lofty principles espoused in our founding documents; chattel slavery, forcible relocation of Native American tribes, Jim Crow, and Japanese internment all are examples of horrendous episodes in which we fell short of those ideals. But to abrogate them entirely because of past hypocrisy or failure is a fool’s errand. In 2020 America (despite all of its flaws), we can say what we wish without fear of government action, worship (or not worship) however we please, advocate for our favored policies without concern for our liberty, and defend ourselves to the fullest extent possible. No matter who resides in the White House, who controls the Congress, or who sits on the Supreme Court, our natural rights remain protected from the avarice or evil of those who would wish to deny us them. In no other society on earth does the individual have more control over his own choices in life, personally, politically, and professionally. We live in the most prosperous, liberal, diverse society that has ever existed in human history; it would do us well to remember that and to see ourselves as lottery winners in a broader world full of tyranny, slavery, and oppression. The United States of America has been a shining city on a hill not only because we have grand ideals of freedom and liberty, but because we have worked incredibly hard over myriad generations to fully embrace and fulfill the promises of the founding. Let us as Americans continue that worthy mission and move our great nation even closer to the full flowering of liberty. Happy Independence Day.
When there is a major advance in civil rights for a minority group that has been widely discriminated against, do people have the right to dissent with the new standard? Should individuals and businesses be treated the same with respect to the fundamental rights protected by our Constitution? Are artists, artisans, and other craftsmen exercising their free speech rights when they create custom works for paying clients in the normal course of business? Where does society draw the line when it comes to sincerely-held religious beliefs? And how, if at all, is racial discrimination different than discrimination based on sexual orientation? All of these critically important societal questions are deeply integrated in one of the most widely discussed and anticipated Supreme Court cases of this term, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission.