In the wake of Republican defeat in the 2008 election, conservatives started casting about for a new standard-bearer. One name which then resurfaced was that of Newt Gingrich, the former Speaker of the House of Representatives. A conservative firebrand during his Congressional days, Gingrich had reinvented himself as a pragmatic innovator, pushing high-tech solutions for our continuing dependence on fossil fuels. However, as we’ve seen from his subsequent output, he's still the same old culture warrior in other ways. Here he is in a 2006 interview, discussing his then-recent book The Creator’s Gifts: Life, Liberty and the Pursuit of Happiness: “[I]n the minds of Benjamin Franklin, Thomas Jefferson, John Adams and the people who wrote that document, they literally meant that your rights come from God, that you then loan them to the government, which is why the Declaration of Independence begins ‘We the people…’. And therefore if we drive God out of the public square we drive out the source of our own rights and our own source of power.”
Of course, it's the Constitution, not the Declaration, which begins “We the people…”; but anyone, even a history Ph. D., can misspeak in an interview. The important point is this conception of the “creator's gifts” and their significance. Alan Keyes, whom Barack Obama defeated in their 2004 Senate contest, strongly endorsed the same idea during his own presidential run. What should we make of the idea that our rights “come from God”?
This idea of rights given by God is the conceptual flip side of duties imposed by God: any right possessed by A is ipso facto a duty imposed on B not to violate that right. This latter idea has traditionally provoked the question of whether morality should, or even can, be identified with divine command. The paradox of this account of morality, first discussed 2500 years ago in Plato's Euthyphro, is brought out by this question: Is something the right thing to do because God orders it, or does God order it because it's the right thing to do? The second answer simply abandons the divine command theory, but the first answer isn't any better. It requires us to say why something we know to be wrong – say, torturing the innocent – would not thereby be made right if God happened to demand it. One natural answer is that God, being ideally good, wouldn't actually do that; but now we are explaining morality in terms of God's ideally good nature, and not in terms of divine command after all.