Posted by
Cato on Monday, June 22, 2009 12:42:53 PM
The philosophical heart of The Declaration of Independence is found in its second paragraph. It is there that the signers let you know what they truly believe regarding government and the people.
It starts out with the phrase, “We hold these truths to be self-evident.” What does that mean? A self-evident truth was and is a truth which does not need proof. It is so obviously true that to deny proves the denier is mad. To deny these truths is like denying that when you step of the edge of a cliff you will fall. To deny these truths is like trying to deny your own existence. Our founders believed these things were undeniable by any rational or reasonable person.
The second phrase of the paragraph, “that all Men are created equal” is often misunderstood by the critics of our founders. They did not say that all people were treated equally in the society as it existed or even that there would come a day in human society when all would be treated equally. And, when they used the word “Men” they were not talking about gender but about humanity. Until recent years and the rise of identity politics it was clearly understood that this is what they meant. What the founders meant by “all Men are created equal” is that humans all humans have an inherent equality before God. All of us are equally human. This, in many places in their day, would have been considered radical. They lived in a world where it was common place to consider people of a lower social or economic status as something less than fully human. This way of looking at people had prevailed, for the most part, in the Ancient World; with, save for a few philosophers, the relatively early exceptions to this kind of thinking being found in the context of Judaism and later Christianity. Egalitarian thought in this regard was not a legacy of our Greco-Roman heritage but of our Judeo-Christian heritage.
The third phase in the paragraph, “that they are endowed by their creator with certain unalienable rights,” acknowledges first of all that there is a creator. The founders, even the least overtly Christian among them, had no trouble in believing that there is a God who created mankind and oversees the affairs of mankind. The so-called Deism of Jefferson and Franklin did not fit very well with English and continental forms of that outlook since, from their own writings and actions, it is evident they expected God to intervene in the affairs of men. They all also believed that God had given something to all humans; that is what the word “endowed” means. God had given to all humans “certain unalienable rights.” The word “certain” meant that these rights could be clearly defined and understood. The word “unalienable” meant that these rights were not something that could be separated from us as human beings. They are part of what it means to be a human being. We might be restricted in our exercise of our rights but we could no more lose them than we can cease to be humans. That these are “rights” means that they cannot be granted by government or by any other human; they are irrevocable gifts from God. No government can give you these rights. The most a government can do is get out of the way so you can freely exercise these rights.
The next phrase “that among these are Life, Liberty, and the Pursuit of Happiness” is also extremely important. Note the words “that among these are.” The founders did not limit our God-given rights to just those related to the three issues they later listed. “Life, Liberty, and the Pursuit of Happiness” are merely three examples among many self-evident rights that we were given by God.
It is very important to look at our right of “Life.” It was given equally to all of us. There is never anyone who should not have been born. There may be some who made horrible choices that we wish they never made but none that should never have been born in the first place. Life is sacred. God placed a high value on human life according to Judeo-Christian thought. Each of us is precious, much more precious than property. We were intended to have a culture of life not a culture of death. Every one of us, even those considered the most useless or unnecessary by some in our society were viewed by the philosophy of our Declaration as having a right to life. Many of us feel our founders would have extended that right to the yet to be born. Note also that the right to life implies the right to defend life; the right to use forceful means to defend the lives of others and of ourselves. This is the first and most fundamental of all rights and is, perhaps, for that reason listed as the first example.
“Liberty” is the second right in their list of examples. The question is what did they mean by the word? One thing is for certain, considering the subsequent words and deeds, is that they did not equate “Liberty” with libertinism. They did not think “Liberty” meant the right of commit illicit sex acts; promote illicit sex acts, talk about illicit sex acts in front of children. They did not see liberty as the license to do whatever we want no matter who it hurts. They also were not so naïve as to think people will always get what we desire or even that we should get it. They clearly understood that societies had to have rules in order to avoid descending into chaos and perpetual strife. So, what did they mean by “Liberty”? That is made clear by the war they fought and the arguments which they made for that war. For our founders “Liberty” was a freedom from something. It was freedom from undue government interference with and obstruction with the God given rights of the individual human being. As their comments later in the Declaration make clear, they opposed governments which did not maximize an equal liberty for its citizens by picking winners and losers, by handicapping people because of their birth, wealth or lack thereof. They wanted a government that served all the people equally and left the people free to make their own choices about who they associated with, where they lived, how they managed their own health and welfare, what they thought or read, etc.
The third right expressed sort of fits within the second. “The Pursuit of Happiness” is the result of real freedom. We get to make the choices in life that we think will make us happy. We may be wrong and may wind up unhappy but it is not the role of the government to try and guarantee our success or happiness. Our “Pursuit” is up to us, not the government. If we think money will make us happy, we are free to try and legally accumulate as much as we can. If we think community service will make us happy, we are free to do as much of it as we can. Government must stay out of trying to direct our lives. It must not be an obstacle to our “Pursuit of Happiness” nor must it try to ensure outcomes. Trying to ensure outcomes takes away our freedom to try and fail and learn. Instead, it permanently infantilizes people.
Following a hyphen, to separate the rights from their ideas about government, the founders’ next phrase is “That to secure these Rights, Governments are instituted among Men.” They believed the purpose of government, the only legitimate purpose of any government, was to make it easier for people to freely exercise their God-given rights. Government was to protect people’s rights from those who would try to check them. It was to protect people from crime, conquest, etc.
The next phrase is extremely important. The founders insisted that “deriving their just Powers from the Consent of the Governed” meant that government must be answerable to the people. Any government that lost the consent of the people it governed had ceased to secure their rights because one of their most fundamental rights was to be governed as they chose. Without the consent of the people government had no right to exist. Its purpose is to serve the interests of the people, all the people. Any time government begins to focus of serving only the interests of some over the interests of all it is in danger of becoming an illegitimate government. Government’s authority and legitimacy depends on the willingness of its citizens to continue obeying it. When the people begin to see the government as their enemy, its doom is sure.
The next thing the founders agreed to in this document is what constitutes its heart. Written next are the words “that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government.” They will go on to contend, and give examples, that the British government, both king and parliament, has become destructive with regards to the colonists God-given rights. Far from securing these rights, the founders will argue, the British government is violating them. The idea is that, since people create governments to protect their rights, it is the God-given right of the people to change their government. They clearly believed government is the servant of the people not their master.
According to the founders, they did not only have the power to change governments; but that they had the power of “laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.” Again, according to the founders, the people are sovereign. It is up to the people to set up the government they want and to structure it in whatever way they think will protect their rights most effectively and will aid them in their free and equal pursuit of happiness the most. Again, their idea is that government must be the servant of all the people not their master.
The next sentence explains things a bit more. “Prudence, indeed, will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, that to right themselves by abolishing the Forms to which they are accustomed.” What the founders are acknowledging in this sentence is that it is really foolish to have a national revolt unless you have really good reasons for it. They also, however, note that people almost always are more willing to let things go to far than to revolt and overthrow government. Part of this they claim is because people don’t like to change things they are used to and comfortable with in return for an unknown future. It is sort of like the proverb about the “devil you know.”
The next sentence summarizes their argument for the War for Independence, which will follow later. This is the beginning of a transition from political philosophy to concrete history and a call to action. The sentence argues “But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under Absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards to their future Security.” The idea here is that when a government goes to far, when government abuses of power and takeovers of areas of responsibility not consented to by the people reveals clearly that those in government are trying to become the masters of the people instead of protecting their rights, that it is the right and duty of the people to replace such a government.
In the next sentence the founders began to apply their philosophy and their hypothetical situations to what had happened to them. It reads “Such has been the patient Sufferance of these Colonies; and such is now the Necessity which constrains them to alter their former Systems of Government.” Here the founders are saying it was not all hypothetical after all. They have seen a growing abuse of power by a government that has shown that it wants to treat them as slaves to its power. They now reserve for them selves the right to revolt and establish their own government in its place.
It is now they will turn to the historical record. The last two sentences of the second paragraph will be the transition to a long list of British governmental abuses of the colonists. After that list, they recorded all their efforts to avoid rebellion and then declared independence. This transition sentence reads “The History of the present King of Great-Britain is a History of repeated Injuries and Usurpations, all having in direct Object the Establishment of an absolute Tyranny over these States. To prove this let Facts be submitted to a candid World.” After explaining that the British government, especially in the person of the king (head of England’s executive branch at the time) has through repeated actions aimed at making the people of America servants to government that does not protect their rights but, in fact, violates them; the founders wrote that they were going to list specific examples of these actions.
So, the Second Paragraph gives us a clear picture of the fundamental political philosophy of America’s founders and the limits they wanted to place on government power. They believed we have God-given rights which are always ours and that government’s job is to protect those rights. Among those rights was also the right to change government when it did not do its job of protecting our rights. It their view, the people were the source of whatever legitimate authority government might have and that it automatically lost that authority when enough of the people said it had. They believed that if government tries to become our master instead of protecting our rights that it is our duty to call it to account and, if necessary, change it.