The Right to Dignity Rex D. Glensy - Columbia Law School

2011] The Right to Dignity 77
that his influence on the United States was less potent. Nevertheless,
a notion of the dignity of humans and how it should impact the
interaction of individuals and the state did occupy the thoughts of
prominent thinkers at the dawn of the new republic. For example,
Thomas Paine eloquently invoked the “natural dignity of man” as the
reason to protect individual rights that transcend authoritative rule. 61
Paine’s conception of dignity marked a distinct break from the British
rule where dignity had more of an ancient Roman connotation and
was reserved for the nobility or aristocracy. Thomas Jefferson and
Alexander Hamilton shared Paine’s views. 62
The idea of dignity does appear in The Federalist Papers, and
seems initially to have a central position: the very first paper
authored—not coincidentally, by Hamilton—urges the adoption of the
new Constitution in order to ensure the “liberty,” “dignity,” and
“happiness” of the citizenry. 63 Of course, two of these three values
survive into the Preamble of the Constitution; “dignity” is left out.
Following this Kantian usage of the term, the concept of dignity in
The Federalist Papers then morphs into the ancient Roman
connotation. 64 Although referred to slightly more than a dozen times,
after the initial reference, the authors of The Federalist Papers then
use the term to denote the status of an office holder or his inherent
authority, implying that dignity is not an inherent attribute, but one
that is acquired. 65 For example, the authors argue that there can be
only one chief executive because if more than one was “clothed with
equal dignity and authority,” it would lead to institutional
61. Thomas Paine, Rights of Man 41 (Gregory Claeys ed., Hackett Pubs.
1992) (1791). Thomas Paine’s statement echoed that of the Declaration of the
Rights of Man and of the Citizen that was put forward during the French
Revolution. See Declaration of the Rights of Man and of the Citizen art. 6 (1789)
(stating that “[l]aw is the expression of the general will” and that “all citizens
[are] equal.”).
62. See, e.g., Gregory Claeys, Introduction, in Thomas Paine, Rights of Man
xvii (Gregory Claeys ed., Hackett Pubs. 1992) (1791) (noting Jefferson’s general
positive reception to Paine’s views in The Rights of Man). Of course their
purported belief did not quite translate into a governmental structure that
followed through on this idea. Others, close to the time, have noted this
incongruity. See, e.g., Simón Bolívar, Message to the Congress of Bolivia (May 25,
1826), in His Basic Thoughts 147–48 (Manuel Pérez Villa ed., 1981) (calling
slavery a “shameless violation of human dignity.”).
63. The Federalist No. 1, at 4 (Alexander Hamilton) (Clinton Rossiter ed.,
1999).
64. See Englard, supra note 22, at 1904; Cancik, supra note 46, at 19.
65. Of course, contrary to ancient Rome, the dignity of the office can be
generally achieved through achievement rather than through birthright.