Call It ‘Declaration Day’

T hirteen states unanimously declaring themselves independent of the British Empire was a momentous occasion. It also occurred on July 2, 1776, when the Continental Congress approved a resolution of independence after intense debate. The assembly only explained itself two days later.

Even on July 2, not too much changed. John Adams believed the colonies were already independent from Britain in all but name. He instructed his colleagues, “The question was not whether, by a declaration of independence, we should make ourselves what we are not; but whether we should declare a fact which already exists.”

Americans did not “win” their independence and regain control of all their territory until the early 1780s. They did not establish the constitutional republic we know until years afterward.

It is therefore difficult to assign a particular date to American independence. This is not to denigrate July 4. Quite the opposite. It is to recognize in this date a higher importance than mere independence: the declaration of the greatest political creed ever crystallized. The creed that gave mankind a new lease on life.

There are historical revisionists today who argue the most essential part of the Declaration was not the opening paragraphs, but the 27 grievances against King George III. These revisionists, to quote Alexander Hamilton, mistakenly affirm that “the deputy is greater than his principal.” The Declaration’s introduction proclaims the standard of legitimate — and, thus, illegitimate — governance, reflecting John Locke’s seminal philosophy of natural law. The subsequent grievances supply evidence toward that standard. Let us read that standard again, carefully, as we mark its 250^th anniversary this weekend.

“We hold these truths to be self-evident,” requiring no deeper basis to be so.

“That all men are created equal.” Equal on what measure? Not in their abilities or prospects, as the Founders knew, but in their intrinsic dignity and agency.

“That they are endowed by their Creator with certain unalienable Rights.” Thomas Jefferson’s original draft did not include God in this story, having rights derive from our “equal creation.” His editors gave rights an author. Regardless of their origin, rights are “unalienable.” A man could no more surrender his rights than he could surrender his skin. Men’s rights are also “certain” — those inherent to human nature.

“That among these are Life, Liberty and the pursuit of Happiness.” Life is the precondition of all further rights. Liberty, or self-direction, is what makes life distinctly human. Following Locke’s formulation, the third right should have been “property” — the right to own oneself and the fruits of one’s labor. But Jefferson wrote “the pursuit of Happiness.” Perhaps he sought to avoid any suggestion that America existed to protect slavery, an illegitimate property in other men. Whatever the reason, Jefferson captured the American aspiration in one phrase. To accord with their nature, men must be free to pursue happiness as they define it — though it would take another war to fully realize that aspiration for all.

“That to secure these rights, Governments are instituted among Men.” Among men, not above them. Government is subject to the same law that citizens are. And government exists to secure natural rights that preexist it, which form the very rationale for its being. Government is not to create rights; it cannot do so. It is not to abridge or abolish them for the “public good,” or to remake society. Government is created by men to secure what they already possess.

“Deriving their just powers from the consent of the governed.” Rights are inherent. Government powers, including those exercised democratically, are conditional. Legitimate governments do not hold all powers; only those that are “just,” or in accordance with natural law. And these just powers derive from something more modest and concrete than the oft-invoked “will of the people”: the “consent of the governed.”

“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.” No government is worth obeying simply because it asserts itself. Its legitimacy depends on whether it fulfills its rightful mandate. When a government systematically fails to achieve its end — securing rights — its authority is dissolved.

When people speak of the American creed, this is that creed. It is the creed that distinguishes and enlivens this nation. It’s the creed that has fostered the most triumphant, flourishing society in history, that has since inspired the Western world to follow America’s lead.

So, we really ought to call it “Declaration Day.” On July 4, 1776, for the first time, a nation predicated itself on reasoned truth.