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Declaration of Independence

PLA 2880Background reading

The charge about the meeting place

Buried among the charges against George III is a complaint about meeting locations. He summoned colonial legislatures to places “unusual, uncomfortable, and distant” from their own records, the Declaration (opens in a new tab) says, to wear them down until they gave in. Read fast, that is a grumble about travel. Read for what it does, it is an allegation that the Crown rigged the machinery of representative government, and it is one charge out of twenty-seven.

The grievances are there because the Declaration is trying to prove something. Its opening paragraphs make a claim about where governments get their authority, and the claim by itself settles nothing. Anyone can say a ruler has forfeited the right to rule. What this reading covers is what it takes to prove it, and where the founders got the standard they were trying to meet. In the activity you will have an AI write this history for you, and then test what it wrote against the documents it came from.

The document has three moving parts and they arrive in order. First a premise: people hold rights no government gave them, and government exists to secure those rights. Then the evidence: twenty-seven charges, each a specific act laid at the King’s feet. Then the conclusion: the political connection with Great Britain is dissolved. Premise, evidence, conclusion. Most constitutional arguments you read this semester will have those same three parts, and most of the fighting will be over the middle one.

Where the rights come from

Start with the premise, because everything else rests on it. Natural rights are rights a person has by being human. No legislature voted for them, so no legislature can vote them away. John Locke had worked the idea out almost a century before 1776, and the Second Treatise of Government (opens in a new tab) is where the Declaration’s authors found it in usable form. Locke’s Chapter II describes people in a state of nature, before any government exists. They are already bound there by a law of reason: no one “ought to harm another in his life, health, liberty, or possessions.”

If the rights come first, then government is the thing that needs explaining. Locke’s explanation is the social contract. People in the state of nature can enforce their own rights. Enforcing them yourself works badly, so they hand the job to a common authority and accept its rules in exchange. That is a trade. What gets delegated can be taken back.

Consent of the governed is the same idea told from the other end. Authority is legitimate only so far as the people subject to it have agreed to it. Notice what that does to a king. Hereditary right and divine appointment drop out of the analysis, because neither one is a form of anybody agreeing to anything. Thomas Paine had put that case in blunt English months earlier, in Common Sense, which argues that a hereditary crown rests on nothing anyone consented to.

Quick check: where authority comes from

Four questions on the premise the Declaration argues from.

  1. A classmate argues that natural rights are whatever the Declaration lists, so a right left off the list is not a natural right. Why does that misread the concept?

  2. On Locke's account, what makes a government's authority revocable?

  3. Under the consent principle, why does a hereditary claim to the throne carry no weight?

  4. Which statement describes the social contract rather than natural rights?

Proving the case

Put the premise and the consent principle together and the right of revolution follows. If authority comes from the people and is held on terms, a government that breaks the terms can be replaced. The Declaration states the right in the same sentence that states the consent principle. One is the other’s consequence.

Then the Declaration limits the right it has just announced. Prudence, it says, counsels against changing long-established governments for “light and transient causes,” and people put up with a great deal before they revolt. That qualification sets a threshold. A threshold has to be met with facts, and the twenty-seven grievances are the facts on offer.

Read them as an indictment and they sort themselves. One group charges the King with blocking colonial laws and dissolving the assemblies that objected. Another covers the standing army, the quartering of troops, and the cutting off of trade. Taxation without consent gets a single line. Every charge names a specific act, which means every charge could be denied or defended, and that is what makes the list evidence instead of complaint.

The Declaration also answers the obvious objection. Before revolting, did you try anything short of it? It says the colonists petitioned repeatedly, in humble terms, and were answered with more injury. That is an argument about exhausting your remedies first, and it predates by fifteen years the First Amendment’s guarantee of a right to petition for redress of grievances.

One more thing about the evidence, and the document does not resolve it. The premise is stated in universal terms: all men, created equal, holding rights no government granted. Many of the men who signed it held people in slavery, and the government they went on to build protected the practice. Both facts are on the record, and American constitutional argument has been working on the gap between them ever since. The activity’s first prompt asks the AI to show that contradiction rather than narrate around it, and whether it does is one of the things you are checking.

Quick check: the argument and its evidence

Four questions on how the Declaration tries to prove its case.

  1. The Declaration says prudence counsels against changing long-established governments for light and transient causes. What is that sentence doing in the argument?

  2. What makes the list of grievances function as evidence rather than as complaint?

  3. The Declaration states that the colonists petitioned repeatedly and were answered with more injury. Which argument does that support?

  4. The Declaration's premise is stated in universal terms while many of its signers held people in slavery. How should a careful reader treat that?

The government that came next

Winning the argument left a harder problem. The colonies had just finished proving that distant, unaccountable power is dangerous, and now they had to build power of their own. Their answer was republicanism: government by elected representatives answerable to the people who chose them, with no crown and no inherited office. The form was settled early. The structure took a decade.

The Articles of Confederation (opens in a new tab) were the first attempt. Congress adopted them in November 1777, and they did not take effect until March 1781, which tells you how eager the states were. Under Article V, every state had one vote, whether it sent two delegates or seven. Under Article IX, nine of the thirteen had to agree before Congress could declare war, make a treaty, coin money, or borrow. Under Article XIII, changing any of it took all thirteen.

The money is where it broke. Article VIII gave Congress no power to tax. Congress could calculate what each state owed, based on the value of land inside it, and then ask that state’s legislature to levy and collect it. Ask is the operative word. A state that thought the number unfair, or that had its own bills to pay, simply did not pay, and Congress had no answer to that.

Alexander Hamilton wrote up the consequences in Federalist No. 15 (opens in a new tab). Congress passed resolutions that were binding in theory and, he wrote, “mere recommendations which the States observe or disregard at their option.” In Federalist No. 21 he sharpened it into an image: a government without even the shadow of constitutional power to enforce its own laws.

Events were making his argument for him. From August 1786 through February 1787, debt-burdened farmers in western Massachusetts shut courts by force to stop foreclosures. Congress could not finance troops. The rising was put down by the state militia and by a second force paid for with money raised privately from eastern merchants. Hamilton pointed at Massachusetts in Federalist No. 21 as proof that the danger was not speculative.

The case for the Articles was not foolish, and the activity will have you write it. A government that cannot tax cannot overtax. A government that needs nine states to act cannot easily be captured by three. The men who defended the Confederation had watched a distant legislature tax them without asking, and they had just fought a war over it. Their objection was that a strong national center would end up doing the same thing to them, only closer.

Quick check: the Confederation

Four questions on the first constitution and why it came apart.

  1. Under Article VIII of the Articles of Confederation, how was the common treasury supposed to be funded?

  2. Virginia sent seven delegates to the Confederation Congress and Delaware sent two. How many votes did each state have?

  3. In Federalist No. 15, Hamilton called the Confederation's resolutions binding in theory but something else in practice. What was his point?

  4. Which of these is the strongest version of the case for keeping the Articles as they were?

Checking the story against the record

The four prompts in the activity will produce history that reads well. That is the problem. A model writing about 1776 has absorbed two centuries of retelling, and it tends to hand back the smoothed version. The grievances turn into a mood, the Articles become a failure anyone could have seen coming, and the Anti-Federalists shrink into obstacles. None of that is wrong enough to catch your eye, which is why you check it against documents instead of against your sense of whether it sounds right.

You have the documents. The Declaration runs about a page and a half. The Articles are short enough to read in a sitting, and Articles V, VIII, IX, and XIII are where the arguments live. Federalist Nos. 15 and 21 give you Hamilton’s own list of what had gone wrong, which is a set of specific failures you can look for in whatever scenes the AI invents.

Begin with the Long Road Narrator, the one prompt that ends by naming its own weakest claims. Check those first.

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