The Declaration of Independence: Foundations of American Government

 

 

Purpose and Structure

 

Written in 1776, the Declaration of Independence was intended to formally declare the independence of the thirteen American colonies from the British Empire. The document is structured into two main components:

  1. The Statement of Rights and Grievances: The first part lays out the philosophical justification for self-government based on universal principles.

  2. The List of Grievances: The second part provides a detailed list of specific abuses and injuries inflicted by the English King, George III, demonstrating that separation was a last resort.

The colonists' momentous decision in July 1776 to break away from England in order to govern themselves marked the first time in human history that an independent nation came into existence by affirming a universal moral principle that stood above, and served as a standard for, all government (The Commission on Unalienable Rights, 2020).

 

Ideas and Philosophical Basis of the Declaration

 

The Declaration laid the philosophical basis for secession, rooted in three core theories:

  1. All men are entitled to certain basic rights (natural rights).

  2. The purpose of government is to protect those rights.

  3. The people have the right to alter or abolish the government if it fails to fulfill its protective duties (social contract theory). (McClellan, 1989)

The Declaration uses natural law and natural rights to justify the separation of the colonies and the formation of independent states. It was important for the Founders to explain why separation was justified and why the act was not treasonous. By declaring independence, the Founders viewed the Declaration as effectively abolishing the social contract with Great Britain and establishing a state of nature between two independent polities (Barnett, 2019).

 

The Understanding of Unalienable Rights

 

The philosophical heart of the Declaration lies in its statement:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” (Declaration of Independence: A Transcription, 2022)

The Founders, influenced heavily by political writers like John Locke and Christian principles, believed that these rights were God-given and could not be taken away (unalienable). The concepts of natural rights and natural law were dominant in their thinking. By natural law, we mean those principles which are inherent in man’s nature as a rational, moral, and social being, and which cannot be casually ignored (McClellan, 1989).

While Jefferson changed Locke's famous phrase Life, Liberty, and Property to Life, Liberty, and the pursuit of Happiness, the intent remained: a person has the fundamental right to live, to enjoy freedom, and to pursue personal well-being and security. The rights are not granted by the government but are discovered through human nature, reason, and experience.

 

What the Declaration Does Not Include

 

Although the Declaration articulates what government should do and how it gets its power, it does not function as a governing document.

  • No Structural Plan: The Declaration does not specify how to structure the new independent governments. It only announces and justifies the break from England.

  • No Specific Guarantees: The Declaration does not include specific individual rights found later in the Bill of Rights, such as freedom of speech, freedom of the press, or the free exercise of religion. These protections were later detailed in the U.S. Constitution to limit the power of the new federal government.

 

Conclusion

 

The Declaration of Independence is a document written with a specific and monumental purpose: to formally announce the separation from England and to philosophically and legally justify that action to a global audience. By utilizing arguments for God-given natural rights and listing specific grievances against the King, the Declaration established the universal moral principle that government legitimacy rests on the consent of the governed and the protection of individual liberty. Today, the Declaration of Independence is revered worldwide as a foundational statement of human rights and self-determination.

 

 

 

References

Barnett, Randy E. (2019)  The Declaration of Independence and the American Theory of Government: 'First Come Rights, and Then Comes Government'. Harvard Journal of Law & Public Policy 42.1 (2019): 23+. Business Insights: Global. Web. 11 July 2022.

 

The Commission on Unalienable Rights. (2020, August). Report of the Commission on Unalienable Rights. US State Department.

 

Declaration of Independence: A Transcription. (2022, June 8). National Archives. Retrieved 2022, from https://www.archives.gov/founding-docs/declaration-transcript

 

McClellan, J. (1989). Liberty, Order, and Justice. Liberty Fund.  https://oll.libertyfund.org/title/mcclellan-liberty-order-and-justice.

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