[rayiner]

Franklin was religious and believed man was created by God and had an “immortal soul,” and that God created morality as well. https://www.americanheritage.com/benjamin-franklin-his-relig... (“I believe in one God, Creator of the Universe. That he governs it by his Providence. That he ought to be worshipped. That the most acceptable Service we render to him is doing good to his other Children. That the soul of Man is immortal, and will be treated with Justice in another Life respecting its Conduct in this.”). It follows from that thinking that there are limits on what the government can do to a God-created individual. God’s law trumps man’s law.

But what’s the argument that doesn’t resort to the supernatural? There’s a logical, utilitarian basis for saying that governments are created by societies to effectuate the popular will. There’s no God-favored king or clergy, and biology doesn’t anoint some humans to rule over others, as with say bees, so the popular will should be carried out. Insofar as the people have committed to things like constitutions and laws, of course, that can provide a principled basis for limiting what the government can do to individuals.

But OP was talking about some “principle of full bodily autonomy” that apparently transcends any specific constitution or law. Where does that come from? If the people don’t believe in any notion of “bodily autonomy”—or impose particular limits on that concept—what higher law can possibly override that?

[CalChris]

From Franklin's letter, more towards the end: "I have ever let others enjoy their religious Sentiments".

[rayiner]

The more relevant portion is this: “As to Jesus of Nazareth, my Opinion of whom you particularly desire, I think the System of Morals and his Religion, as he left them to us, the best the World ever saw or is likely to see; but I apprehend it has received various corrupting Changes, and I have, with most of the present Dissenters in England, some Doubts as to his Divinity; tho’ it is a question I do not dogmatize upon, having never studied it, and think it needless to busy myself with it now, when I expect soon an Opportunity of knowing the Truth with less Trouble.”

You invoked Franklin’s statements about “populism.” But Franklin thought that humans were made by God and that God-created law was a real thing that existed. Under that world view, it makes sense that a democratic society couldn’t decide to say legalize the murder of rich people, because God’s law was higher than man’s law. But presumably we are not having a theological discussion here. If we don’t accept the notion of divine law, how can there be limits on what democratic governments can do with the consent of the people? The people’s law should be the highest law, right?

[CalChris]

No, the relevant portion of the letter was when Franklin eloquently added that he didn't want to apply his private religiosity to others. Nor as a Framer, did he.

I do not accept your divine law drivel nor do I accept your people's law either/or. Instead, I would counsel you to re-read and meditate on the Preamble to the Constitution, especially that part where it says in Order to form a more perfect Union. That part, the Enlightenment part.

[rayiner]

> I do not accept your divine law drivel

But that's exactly my argument! Franklin's beliefs about "populism" are based on "divine law drivel"--God's law imposes limits on democratic law. If we reject that--which is exactly what I'm trying to do here--what basis do you have for saying that the people can't make whatever laws they want?

You're the one invoking supernatural concepts--this supernatural notion of "bodily autonomy"--not me.