By John R. Puri
Sunday, October 18, 2026
Revisionist historians have claimed that the Declaration
of Independence’s most essential part is not the famous opening passages, but
its list of 27 grievances against King George III. These injuries, it is said,
are the real meat of why the Americans sought to escape British rule and were
willing to wage war to attain independence. Yet these revisionists make the
mistake, in Alexander Hamilton’s words, of affirming “that the deputy
is greater than his principal; that the servant is above his master.” The
series of grievances serves as evidence of unjust government under a higher
standard of what just government is and must be. That standard is laid
out most clearly in the second paragraph of the Declaration.
For subsequent generations of Americans who study their founding document, this paragraph seems to contain two
principles that appeal to different minds. The first is popular sovereignty, or
democracy. “All men are created equal,” so each must have an equal say in how
the society is governed. “Governments are instituted among Men” as their
creation to control — no more divine right of kings to rule over the rest. All
power is derived from the “consent of the governed.” When government becomes
destructive of the ends for which it was established, “it is the Right of the
People to alter or to abolish it, and to institute new Government, 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.” The people
always remain in ultimate control of their government. When government turns to
despotism, “it is their right, it is their duty, to throw off such Government.”
The second principle apparent in this paragraph is the
protection of natural liberty, or freedom from government even after its
establishment. It begins in the same place: “All men are created equal,” so no
man has any right to rule over another. We are each endowed with “certain
unalienable Rights” that preexist government, including “Life, Liberty and the
pursuit of Happiness.” Government’s purpose, its raison d’être, is “to secure
these rights.” Rights are inherent; government powers, including those
exercised democratically, are conditional. The people must overthrow a
tyrannical government so they may “provide new Guards for their future
security” against illegitimate power. The security of rights remains the
North Star.
These two principles of democracy and freedom can appear
in tension. James Madison’s great fear was that unfettered majorities in the states
would trample minority and individual rights if left unchecked. To him, letting
the people have their way with government in every instance was a menace.
Madison’s proposed remedy was an anti-democratic measure imposed from
above: a national “negative in all cases whatsoever on the legislative
acts of the States.” His idea was rejected at the Constitutional Convention, as
Madison’s fellow framers wanted to respect the people’s sovereignty through
their state governments. Decades later, another clash between popular sovereignty
and natural liberty arose over slavery. Stephen Douglas famously favored the
first principle; Abraham Lincoln, the second.
Even when the principles conflicted in practice, the
Declaration’s second paragraph held them in harmony. This combination raises a
theoretical question beneath the real-world conflicts: How can the people
simultaneously govern themselves, yet be limited in how they can use that power
to respect individual rights? The answer lies in the document’s most overlooked
modifier: Government derives its “just powers” from the consent of the
governed (emphasis added), which are decidedly not all powers a
government could conceivably exercise.
In John Locke’s Second
Treatise of Government, from which Thomas Jefferson took obvious
inspiration, a natural law of justice exists before any government is
instituted. In a precursor to the Declaration’s retelling, men exist in a state
of nature with equal rights to life, liberty (or self-direction), and property
acquired through exertion. Each person may exercise these rights freely, but
only within the bounds of others’ rights. When one man violates the rights of
another — by harming him, enslaving him, or stealing from him — he enters an
unjust state of war, and his victim has the right to uphold the natural law by
punishing his aggression.
In Locke’s narrative, governments are established to
bring formality and regularity to this just adjudication of rights. Yet it
would make no sense for men to surrender more natural liberty than they secure
when submitting to a government. Therefore, legitimate governments are vested
only with the powers necessary to secure citizens’ rights, not to abridge or
abolish those rights for any separate purpose. Government does not exist for
one individual to force his will on others, but for the equal protection of
all.
From this formulation, the scope of popular sovereignty
is robust yet quite limited. The people must decide how to best secure
their rights, both from one another and from those outside the political
society. When rights come into conflict, as they often and inevitably do, they
must create laws to settle disputes. The people are also free to establish
certain public goods for everyone to share. What a majority of society cannot
do through government — as it never had the right to do so in the state of
nature, and thus could never have vested the power in a state — is vitiate the
natural rights of others. Positive law must be aligned with the law of nature.
In a word, the singular principle of the Declaration’s
second paragraph is “self-government.” Some may place a greater emphasis on the
“self,” others on the “government,” but the compound term stands as freedom
from external domination in both the private and public realm. Lincoln harkened
back to the concept in his first major speech against slavery: When one man “governs
himself that is self-government,” he said, “but when he governs himself, and
also governs another man, that is more than self-government —
that is despotism.”
By the Declaration’s standard, government is just when it
enables the people to rule themselves, but becomes unjust when it lets one part
of the people rule over another. The Constitution still to come would attempt
to make that former kind of government a reality, and, perhaps even more
critically, to protect against the development of the latter.
No comments:
Post a Comment