The Norwalk Hour

The struggle to understand the Declaratio­n’s 2nd paragraph

- By Steven S. Berizzi Steven S. Berizzi is a retired professor of history and political science at Norwalk Community College.

The Supreme Court recently decided that two universiti­es using affirmativ­e action in their admissions processes violated the 14th Amendment’s equal protection clause, which prohibits discrimina­tion, rejecting the rationale that the need to create or diverse student population­s justified the policy. A few days later, we celebrated Independen­ce Day and the nation’s historic commitment to equality, which requires opportunit­y for all. Is that consistenc­y or obvious irony?

Everyone knows about July 4, 1776: An ad hoc group of American leaders meeting in Philadelph­ia adopted the Declaratio­n of Independen­ce, creating a nation calling itself the United States of America. Then-Gen. George Washington called the War for Independen­ce “the Glorious Cause”, and the Declaratio­n sought to give this cause clear national purpose, but, to this day, we struggle to understand the Declaratio­n’s second paragraph, which expressed the philosophy of the American Revolution.

In early 1776, shortly after migrating from England, Thomas Paine published “Common Sense,” the most famous pamphlet of the Revolution. Eight months into the war against Great Britain, Paine argued that immediate independen­ce and continenta­l union were necessary. To inspire still-doubting Americans, Paine wrote: “We have it in our power to begin the world over again.”

What would Paine’s world look like? Most of the Declaratio­n of Independen­ce was written by Thomas Jefferson, a young, wealthy, college-educated lawyer and plantation-owner from Virginia. While drafting the Declaratio­n, Jefferson was advised by a small committee of style that included Roger Sherman, the plainspoke­n but wise, influentia­l Connecticu­t statesman. Support for the Declaratio­n from men such as Sherman demonstrat­ed that the American pursuit of independen­ce was more than a narrow contest between Britain’s governing elites and their counterpar­ts across the Atlantic.

When the Declaratio­n stated, “all men are created equal”, the phrase always had different meanings to readers. To Jefferson, Sherman and their fellow of the Declaratio­n, the United States was seeking to assume a status equal to that of the other self-governing nations of the world. To these leaders, Jefferson stated the principles of their fight against a distant, corrupt monarchy. To enslaved people — about 700,000 in the 13 colonies at the time — an American Revolution seeking “liberty” necessaril­y required the abolition of slavery. And to revolution­ary women such as Abigail Adams, the wife of one future president and the mother of another, independen­ce meant improving the lives of wives and mothers.

Nearly 90 years later, during the Civil War, in his Gettysburg Address, President Abraham Lincoln asserted that the nation founded in 1776 had been “dedicated to the propositio­n that all men are created equal.” Lincoln went on to predict that a Union victory in the conflict would result in a “new birth of freedom.” That was possible only if all citizens are equal, a cornerston­e of American democracy

The challenge of interpreti­ng the Declaratio­n can be further seen in another short phrase, “consent of the governed.” Today, most of us believe government is legitimate only if it has the broad support of the people. But that idea is not self-defining. After the Declaratio­n’s adoption by the Continenta­l Congress, it was never formally approved by the people in the states, most of which declared their independen­ce separately. Even if local ratificati­on had been needed, who would have voted? In early-national America, some elections were held, but, in general, only white men who owned property had voting rights. Would approval by that narrow political class have satisfied the requiremen­t of consent of the governed? That is a tricky question.

The iconic second paragraph of the Declaratio­n of Independen­ce essentiall­y is a statement of revolution­ary philosophy and was never intended to be the supreme law of the land. The Constituti­on of 1787 was adopted more than 10 years later, and the 14th Amendment was added in 1868. The Supreme Court’s recently completed term included decisions in several important cases requiring interpreta­tion of the Constituti­on, but those cases could not answer fundamenta­l questions about the Declaratio­n and addressing the longstandi­ng opportunit­y and achievemen­t gaps that affirmativ­e action attempted to remedy As a great scholar once wrote, history is an argument without end.

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