" (Berns, 28). The assertion that these rights are innate places them before the structuring of society and government, and makes the task for a society built out of these principles to find some way to attain them.
This broad perspective sets the stage for Berns' handling of the segments of society that were understood to be unworthy or unwilling to enter into the social contract of the United States. The Tories are the first subset of colonial society that Berns addresses. To him, they occupy a unique place in the discussion of constituting the people of the United States because they categorically opposed the premises of the United States upon philosophical or political grounds. He notes that many were loyalists to the crown simply for personal and economic reasons and others for religious reasons -- like the Quakers -- but the most interesting, to Berns, are those who were dedicated monarchists. They first two subsets of Tories were somewhat assimilated into American society, but he implies that the exile of the third subset was essential to the continuity of the United States. After all, the United Empire Loyalists still exist today -- their beliefs could not be overcome simply through warfare.
The next group that Berns discusses is the American Indians, who have yet to truly attain equality. Once again, he summons John Locke to explain why they were considered undeserving of protection under the natural law; "Of greatest significance is the fact... that men and peoples are not equally civilized, a consideration to be weighed when deciding with whom to contract when constituting a civil society." (Berns, 39). So, because they were perceived to be barbarous peoples, Indians were denied to opportunity to become part of the United States.
Berns has a more difficult time explaining why the American social contract could not be extended to black Americans, but he nonetheless seems...
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