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Divergence Or Destiny?: Comparing The Modern Conception Of Positive Rights To The Founders’ Conception Of Individual Rights, Jason M. Chahyadi

Helm's School of Government Conference - American Revival: Citizenship & Virtue

This paper compares the American Founders’ theory of individual highlights and the current American fascination with enshrining positive rights into law. I begin my examination by analyzing the inspirations for both the Founding Theory of Rights and the Modern Theory of Rights, specifically the political theory of Locke and the Founders, the English tradition that the Founders embraced, and the structural details of the Constitution. After examining the roots of both theories of rights, I look at whether the two camps of thought can co-exist or are in conflict with each other. I conclude that while there may be a …