Again, I really have no interest in the constitutional argument. The basis of natural rights, which you first miscomprehend, is in nature, and the Jeffersonian formulation is based on Locke's theory, not from Treatise of Government, as also commonly misunderstood, but rather his chapter ON POWER in his Essay on Human Understanding. The following discussion assumes at least some prior familiarity with natural law as defined by Cicero; the Aquinas theory of promulgation; Grotius' idea of positive law; the social contract as defined by Hobbes, and Hume's fork.
Natural law itself does not derive from some abstraction, but rather as a
necessary consequence of the human condition, as Cicero first pointed out; and which was first implemented as a system of promulgation into human law by Justinian. But those ideas were unfortunately lost during the dark ages, primarily due to Augustinian objections. So they were reformulated much later, during the early states of Western empirical thought, albeit in much more detail, by Locke as follows.
All are Created Equal
First, Locke argued, each individual is endowed by the power of WILL, to choose one action over another; by which our souls are formed, which in divine judgment may know joy or suffering, depending on how our choices affect the lives of others. For that reason, the premise of natural law is
All are Created Equal in the Eyes of God. All must be equal in accordance with the
principle of inalienability-- making any exception destroys the peaceful society which natural law strives to create, because it violates the universality of the social contract, and therefore causes the societal conflict that Locke called 'a state of war.' Including God in the premise is necessary to the formulation of the United States social contract for two reasons:
- The premise provides a value system, to pass the test of Hume's Guillotine. Without this theistic assertion, the proposition cannot state that which people ought to be able to do.
- Our desire to please God is actually necessary for the third natural right to work at all.
Locke's own perspective, common to the era of his life, is that it's so obvious we should desire to please God, it requires no further explanation:
"God, who knows our frailty, pities our weakness, and requires of us no more than we are able to do, and sees what was and what was not in our power, will judge as a kind and merciful father."
- On Power (Essay on Human Understanding, 2:21:43, John Locke, 1689).
The point of Locke’s premise is that all are equal IN THE EYES OF GOD, because God is only concerned with how we respond to our situation and thus are judged by God. Inequalities of property or family privilege are really of no importance in that premise. If Jefferson had written "all men have equal rights," one would know it is referring to human justice. But the phrase "all men are CREATED equal" refers to our equal status in the eye of the Creator, and is therefore a moral or ethical value, rather than a legal right, no matter how often it is interpreted otherwise.
For this reason, Jefferson originally stated that
the truth is sacred and undeniable as a statement of faith. Franklin changed it to
self-evident, to allow for people to accept the empirically derived conclusions. However, it it is clear that these conclusions are not self evident, as France instead formulated the natural rights as
liberty, fraternity and equality--also believing that to be self evident. However, the French formulation was not derived empirically, hence it did not become the basis of a promulgation to human law, but simply devolved into a maxim. On the other hand, Locke's formulation for the rights themselves is based on the human condition, improving on Hobbes' negative view (leading to an authoritarian system of punishment) by postulating a benign democracy based on positive law, starting as follows.
Right to Life
Locke starts this thread of thought by considering how we would exist if there were no more than the power of free will. Locke's observes that this power of will, endowed to all, is without purpose in and of itself. He deduces we would remain unmoving, as rocks and stones, seeking neither change nor progress nor civilization. So God in his infinite wisdom gave us, through the Laws of Nature,
hunger and thirst. For, Locke observes, as each day these needs must be satisfied, these biological needs create the appetite from which all other human happiness flows.
"This is the spring of action. When a man is perfectly content with the state he is in- which is when he is perfectly without any uneasiness- what industry, what action, what will is there left, but to continue in it? Of this every man's observation will satisfy him. And thus we see our all-wise Maker, suitably to our constitution and frame, and knowing what it is that determines the will, has put into man the uneasiness of hunger and thirst, and other natural desires, that return at their seasons, to move and determine their wills, for the preservation of themselves, and the continuation of their species."
- On Power (Essay on Human Understanding, 2:21:34, John Locke, 1689).
Therefore
Life is the Primary Natural Right, which is a right to our simplest biological requirements—Our needs for water, food, sanitation, health, shelter, and to have our own families. Due to the great increase in understanding of our biological condition, this fundamental right is well understood. But the other rights, like the premise and the social contract itself, are most definitely misconceived in the modern world; and indeed, even the right to life as a primarily necessity to avoid a Lockean state of war is overlooked, leading the common modern misconceptions about rights to abortion, the acceptability of capital punishment, and the right to kill in self defense. None of those are acceptable within the Jeffersonian formulation, because they deny the inalienability of the social contract.
Right to Liberty
Locke has observed, because of hunger and thirst, there is a perpetual Uneasiness of the Soul, whence springs Desire. But to each person, desire is different, for whatever reason of nature or nurture it may be, it does not matter. Each person's unique desire cannot be defined or predicted by any other person, but is only known to each of us ourselves individually. Therefore we require Liberty to choose the satisfaction of our desires for ourselves. And that is the main foundation of the Jeffersonian social contract. Within this contract, each person may seek more or less, through effort of work, to obtain as much, or as little, or in whatever way each person finds best, fulfillment of desire; and to whatever each may desire, no other can say. Hence from necessity of hunger and thirst, Laws must grant liberty to choose how the soul, in its uneasiness, is fulfilled in different ways for each one separately. Thus
Liberty is a Necessary Secondary Right.
"Now, let one man place his satisfaction in sensual pleasures, another in the delight of knowledge: though each of them cannot but confess, there is great pleasure in what the other pursues; yet, neither of them making the other's delight a part of his happiness, their desires are not moved, but each is satisfied without what the other enjoys; and so his will is not determined to the pursuit of it. But yet, as soon as the studious man's hunger and thirst make him uneasy, he, whose will was never determined to any pursuit of good cheer, poignant sauces, delicious wine, by the pleasant taste he has found in them, is, by the uneasiness of hunger and thirst, presently determined to eating and drinking, though possibly with great indifferency, what wholesome food comes in his way."
- On Power (Essay on Human Understanding, 2:21:44, John Locke, 1689).
Note how this definition of liberty is different than the naïve view. The liberties to which natural rights entitle us are those which enable us to have choice in that which we acquire and desire. It is not a blanket statement as to all that which we may do. For example, if you are on someone else's property, they can restrict your freedom, and not contravene your rights. As a trivial example, a supermarket can require you to wear a shirt while you are inside it—as long as it does not contravene the third natural right.
Note also that this view of liberty permits individuals to believe in the religion of their choice, even though the rights which individuals receive are based on a theistic premise. Jefferson found it necessary to explain this to some baptists, which he did as follows.
"Believing with you that religion is a matter which lies solely between Man & his God, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, & not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church and State.
, - Letter to the Danbury Baptists Thomas Jefferson(Monticello, 1802)
The exist4e3nce of God as a premise in USA's social contract has sadly become increasingly objectionable, or rather unfashionable. More recent attempts to reformulate the Jeffersonian social contract have therefore attempted to remove the precondition, which I refer to briefly at the end of this already long post.
Right to Pursue Happiness
Liberty is not of the same order of importance as the natural right to life, but still a natural right whence pleasure results, in the course of each person seeking to fulfill their own desires. The satisfaction of hunger and thirst creates Pleasure—a simple happiness of the first order. But for true happiness, we cannot consider our own pleasure alone, but also the needs and desires for others. Locke's argument is that happiness is illusory if we do not account for others in the actions of our own will, by Acting for the Greater Good. Because of the needs of others, we sometimes need to suspend our own desires—a fact for which Locke is, if anything, apologetic. But Locke also explains that we actually discover greater liberty in pursing the greater good, because it frees us from living only for our own desires:
"THE NECESSITY OF PURSUING TRUE HAPPINESS is the Foundation of Liberty. As therefore the highest perfection of intellectual nature lies in a careful and constant pursuit of true and solid happiness; so the care of ourselves, that we mistake not imaginary for real happiness, is the necessary foundation of our liberty. The stronger ties we have to an unalterable pursuit of happiness in general, which is our greatest good, and which, as such, our desires always follow, the more are we free from any necessary determination of our will to any particular action, and from a necessary compliance with our desire, set upon any particular, and then appearing preferable good, till we have duly examined whether it has a tendency to, or be inconsistent with, our real happiness: and therefore, till we are as much informed upon this inquiry as the weight of the matter, and the nature of the case demands, we are, by the necessity of preferring and pursuing true happiness as our greatest good, obliged to suspend the satisfaction of our desires in particular cases."
- On Power (Essay on Human Understanding, 2:21:52, John Locke, 1689).
Locke is pointing out that happiness from the satisfaction of physical desire is temporary and transient. By suspending our own desires and acting for the greater good, we can obtain a more permanent and solid happiness. The similarity of this to the four Noble Truths, the foundation of Buddhism, is not because Locke himself knew the theories of Buddhism, but rather that both methods start by considering the fundamental nature of our existence, and so both systems arrived as the same conclusion independently.
Therefore
Pursuit of Happiness is the Tertiary Right because, in pursuing true happiness, we act not simply for ourselves, but for the greater good, which results in the product of our noble society. On this basis, individuals are entitled, for example, not only to property, but also to state-supplied education. But individuals can only pursue happiness insofar as it does not interfere with life and liberty. Nonetheless, while pursuing happiness is a right, acting for the greater good is not a requirement. In order that God may judge us in our treatment of others, our acts for the greater good cannot be forced against our will, except in as much as necessary to maintain the social contract.
Locke tried very hard to find a way of defining "pursuit of happiness" without including a need for God to judge our actions, but he couldn't quite do it. So the United States decided that pursuit of happiness is a natural right to its citizens, and therefore the declaration of independence is Under the Law of God. But other countries do not acknowledge God in their constitutions, and therefore the modern statement of natural rights, as Human Rights in the United Nations, does not include pursuit of happiness for all. Pursuit of happiness is a unique natural right to the United States, because the nation was formed under God. And that is why the pledge of allegiance is an oath under God (some want God removed from the oath of allegiance, but if it were removed, the natural rights under the constitution would be broken).
Those familiar with natural law sometimes state that existence of God is not necessary to it. And in fact this has become a very big problem in America, because the social contract, as Locke defined it, assumed that pursuit of True Happiness is acting for the greater good of all. As America has slowly removed God from the social contract, Locke's vision has started to break down. For example, according to Locke, the very rich should look after the very poor, and according to the nation's natural rights, the rich cannot be forced to do so. But pursuit of happiness is now mostly considered only a selfish motive in people's minds. The rich do not look after the poor, but instead seek influence and money only for themselves, also manipulating legislature to reduce their own taxes. So an undue proportion of welfare now falls into the tax burden of the lower and middle classes.
Happiness, not Property
Locke's original Treatise on Government defined Property, rather than Pursuit of Happiness, as the third natural right. Because the third natural right is pursuit of happiness, the government has authority over other fields of human activity besides that which people own. For example, it can create transport systems, public schools and universities. Also, it can enforce the rights of people to recreation, resulting not only in its ability to operate public parks, but also permitting it to limit the number of hours that an employer can require of employees. Further, it can help with healthcare and retirement. However, the pursuit of happiness is secondary to liberty, so the extent to which the government can tax and enforce such matters is limited.
Most people who study politics only read Locke's Treatise on Government, and so are unaware of how Jefferson decided on the "sacred and undeniable rights to life, liberty and the pursuit of happiness." However, it remains the task of the Supreme Court to exercise and interpret the natural rights as Jefferson intended, which is
as Aquinas previously defined, promulgation from natural rights. Up to the 1930s, this mostly unknown process of reason not only influenced all of American government, but also remained the highest consideration in the opinions of the highest court in the land, until it was partially supplanted with ideas of legal positivism in the last century; which has attempted to define what is right and wrong purely based on precedence, rather than with the higher moral objective of creating a benign world for the better judgment of each and every soul by God, regardless whatever any particular individual may think of that goal.
As one example, in the original formulation of how this nation would work, it was assumed that the rich, in their pursuit of everlasting happiness, would support the poor houses; and that children would support their parents in old age; thus removing the need for the state to provide social security.. But as it transpired, the idea of acting for the greater good, as the real definition of 'pursuit of happiness.' lost out to a new interpretation of atheistic selfishness, thus requiring the state to mandate taxes in Roosevelt's New Deal. And as perfectly predictable from the above explanation--which should now be abundantly obvious--this is in conflict with the natural law on which this nation was founded, and so the extent of entitlements that the rich should support has become a total stumbling block to the further growth and prosperity of this nation.
.Hence, while others may disagree with their theistic basis, it cannot be ignored as the foundation of peace and lawful order in the nation created by Jefferson's declaration. And the denial of validity for the original empirical formulation of natural rights has not only led to its growing collapse, but also to a widespread ignorance as to what it actually was. And that accounts for the length of this post.