“To the extent the divine source and inalienability of our rights are purported to be factual, history has proved our Founding Fathers plainly wrong: Every right has, in fact, been alienated by governments since the beginning of time. Within a generation of the establishment of our nation, the Founding Fathers rescinded virtually every right they previously declared unalienable. John Adams, one of the drafters of the Declaration of Independence, alienated the right to speak freely and express dissenting views when, as president, he enforced the Alien and Sedition Acts against his political opponents—with Hamilton’s support. (Perhaps Hamilton’s God had not given “sacred rights” to Jeffersonians!) Another of the drafters, Jefferson himself, alienated the most basic of rights—to the equal protection of the laws, based on the “truth” that “all men are created equal”—when he helped to write (and strengthen) Virginia’s “Slave Code,” just a few years after drafting the Declaration of Independence. The revised code denied slaves the right to liberty and to the pursuit of happiness by punishing attempted escape with “outlawry” or death. Jefferson personally suspected that “the blacks … are inferior to the whites in the endowments of body and mind.” In other words, they were endowed by their Creator not with equality but with inferiority.

There is no right that has not been suspended or trampled during times of crisis and war, even by our greatest presidents. ...

I wish there were an intellectually satisfying argument for the divine source of rights, as our Founding Fathers tried to put forth. Tactically, that would be the strongest argument liberals could make, especially in America, where many hold a strong belief in an intervening God. But we cannot offer this argument, because many liberals do not believe in concepts like divine hands. We believe in separation of church and state. We are pragmatists, utilitarians, empiricists, secularists, and (God forgive me!) moral relativists. We are skeptical of absolutes (as George Bernard Shaw cynically quipped: “The golden rule is that there are no golden rules.”).”