A Call to Liberty - Liberty Fund

The Declaration of Independence and the American Theory of Government

An essay by Randy E. Barnett

Does the Declaration offer us any permanent guidance in thinking constitutionally?

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Letter from the Editors

[T]his was the object of the Declaration of Independance. not to find out new principles, or new arguments, never before thought of, not merely to say things which had never been said before; but to place before mankind the common sense of the subject; [. . .] terms so plain and firm, as to command their assent, and to justify ourselves in the independant stand we [. . .] compelled to take. neither aiming at originality of principle or sentiment, nor yet copied from any particular and previous writing, it was intended to be an expression of the american mind, and to give to that expression the proper tone and spirit called for by the occasion. all it’s authority rests then on the harmonising sentiments of the day, whether expressed, in conversns in letters, printed essays or in the elementary books of public right, as Aristotle, Cicero, Locke, Sidney Etc. the historical documents which you mention as in your possession, ought all to be found, and I am persuaded you will find, to be corroborative of the facts and principles advanced in that Declaration.

Letter from Thomas Jefferson to Henry Lee, May 8, 1825

Late in life, Thomas Jefferson wrote these words to Henry Lee explaining intentions behind the Declaration of Independence. He and his fellow drafters aimed not at originality, but rather the composition of a document that reflected how educated Americans thought about their rights. This letter offers a revealing look into the ways that the Declaration flowed from a long tradition of political reflection about limited government and ordered liberty.

Although they differ significantly in emphasis, our essays this month draw deeply from the Anglo-American tradition of constitutional reflection and political philosophy. These essays direct us toward the crucial truth that all free governments require a clear constitutional process through which they enact legislation. Both the Declaration and this month’s contributions to our Pamphlet Project highlight the ways that the American Colonies had developed a distinctive view of the relationship between the government and the citizens, one driven by an understanding of politics and constitutionalism itself that demanded a new kind of republican politics.

This month’s essays and resources at A Call to Liberty allow us to reflect on the rich cultural inheritance that created these views of law, and also a chance to grapple with the tremendous intellectual accomplishments at the heart of our constitutional order.

This Month's Further Reading and Listening

This month in A Call to Liberty, we explore the constitutional importance of the Declaration of Independence. Join us by reading Randy Barnett’s case that the Declaration presents a distinctively American theory of government and Adam Tomkins’ consideration of two pamphlets that show how a clear and fair tax policy was a central issue on both sides of the Atlantic throughout the late 1700s. We also highlight some of Liberty Fund’s other important work on law’s role in forming a culture of ordered liberty.

Countdown to the Declaration

New material every month as we explore the Declaration's past, present, and future.

22

months to go

24

Liberty v. Tyranny

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A River Fed By Many Streams

There is a long tradition of debating the right to resistance: What aspects of that tradition were most influential in forming the Declaration mindset?

Published July 2024

23

Education

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Citizenship, Seminars, and the Declaration of Independence

What kind of education is necessary for a citizenry that takes the Declaration seriously?

Published August 2024

22

Law & Constitutionalism

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The Declaration of Independence and the American Theory of Government

Does the Declaration offer us any permanent guidance in thinking constitutionally?

Published September 2024

21

Equality

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Egestas amet posuere

Writing a Declaration that could secure support required compromises and negotiations: How did these compromises chart the course of, or delay the recognition of equality for coming generations?

Coming in October 2024

20

Political Institutions

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Does technology fundamentally alter the basis for representative government? Does it give us cause to reconsider the principles of the Declaration?

Coming in November 2024

19

Philosophy & Theology

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Donec eget venenatis velit

How important are religious and Enlightenment ideas to the concepts in the Declaration? Are these influences necessarily in conflict?

Coming in December 2024

July 2026
250th Anniversary

Find the full list of months, including archived and upcoming themes, on our Countdown page.

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Liberty Fund offers a rich set of educational programs. These include Socratic-style conferences, thought-provoking books, and engaging online resources focused on the understanding and appreciation of the complex nature of a free and responsible society.