The Declaration of Independence - Its Origins and Effects - Literature review Example

The Declaration of Independence, it’s Origins and Effects The story of the Declaration of Independence is a familiar one not just to Americans. The document is known worldwide. Written by Thomas Jefferson as directed by John Adams and edited somewhat by Benjamin Franklin the document declared the former colonies were now a sovereign country. The ideology behind the Declaration was shaped by, among others, John Locke, a British philosopher whose ideas if liberty and freedom were widely known and accepted by the Founding Fathers most notably Jefferson. It was largely Locke that inspired America’s founding document. In practice, however, his and the Founders vision has not been realized. The level of personal autonomy established in the Declaration is much broader than what is enjoyed by Americans today and reflects the philosophy of few politicians. Unlimited personal freedoms are the basis upon which the country was founded but this idea has long since become a quaint notion lost to the readings of history and not practiced in the spirit of those who fought the Revolutionary War. Britain had ruled over the thirteen colonies in America for more than 200 years prior to the Revolution. By the beginning of the Revolution, the wars against France fought on both sides of the Atlantic had burdened Britain with a massive national debt. To ease the national debt, Parliament imposed taxes on the colonists believing it only fair that they bear part of the expenses incurred by the British military in protecting them from Indian attacks and French invasions. The Stamp Act taxed paper goods sent to the colonies. It was the first of these laws while, with the tea tax, was one of the most infamous of these laws. The colonists thought taxation without representation in the British government to be unjust and openly protested these laws which led to hostilities between British troops and the Massachusetts Minutemen in 1775. This and other conflicts with the ‘Red Coats’ led to colonists forming the Continental Congress which immediately created the Continental Army and in 1776, signed the Declaration of Independence (The American Revolution, 2006). John Locke (1632-1704) has been credited with many of the founding principles upon which the Declaration of Independence was based including concepts of property and religion and the role of government on these in the lives of the individuals governed. Influenced by such earlier philosophers as Descartes and Hobbes, unhappy with his education in the style of Aristotle and tutored under the natural principles of Wilkins, Locke developed a decidedly anti-authoritarian philosophy in his writings, indicating that government should remove itself from the natural pursuit of knowledge undertaken by an individual. “For the individual, Locke wants each of us to use reason to search after truth rather than simply accept the opinion of authorities or be subject to superstition.” (Uzgalis, 2001). Several of these ideas propounded by Locke in his description of the general character of natural man and his relationship to God as well as the description of the perfect government as a protector of property were reiterated in the development of the American Declaration of Independence as a justification on the part of the colonists for the revolutionary actions they were undertaking. As this social order develops, there are certain issues individuals are constrained to relinquish for the benefit of the overall good, primarily the right of enforcement, which is typically turned over to the state. In the absence of a common magistrate, Locke holds that each individual has the right to defend their property as they see fit within the bounds of God-given reason and justice. It is to avoid these inconveniences of constant vigilance that Locke says men are predisposed to join a society and therefore voluntarily relinquish the powers of self-regulation. Through this social organization, Locke argues the power of the government is provided by the people and therefore is not above the laws of the people. Because it was an agent for the people, government should be restricted to working to enforce laws that are developed for the good of the people and should not involve itself with matters that did not directly and materially relate to the general welfare of the population. (Dolhenty, 2003) From this social order, both natural and within the context of a defined society, Locke defines each individual as having the right to “life, liberty and estate.” (Locke, 1960) These words have an almost identical mirror in the beginning paragraphs of the Declaration of Independence written nearly 70 years later: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” (“Declaration of Independence,” 1776) The ways in which Locke outlined the rights of individuals, the natural state of man and the natural acquisition of property as well as the correct way in which ruling parties, whether they be parliaments or monarchies, should best rule over the people and the right of the people to revolt against an unjust ruler are almost an outline for the declaration that Thomas Jefferson wrote up in defiance of King George III. Because he drew heavily from materials already presented in the Magna Carta and the Virginia Declaration of Rights, both of which were strongly influenced by Locke’s ideas, Jefferson’s resulting Declaration echoes many of Locke’s premises, including the idea that the people not only have a right, but an obligation, to revolt against the unnatural reign of King George under the existing conditions because the natural rights of men living in the colonies were being exploited rather than protected. “The human right in property was meant by Locke and understood by the Framers of the Constitution to be the fundamental liberty … It was only necessary to organize [government] to protect property and life (one's life was his property), and once organized other freedoms had to be protected against government's power.” (Stephens, 2006) When the role of government ceases to protect these rights and instead begins to infringe upon them, Locke, and the founding fathers of the United States, felt it was the right and the responsibility of the people to revolt and establish a new social order. ‘No harm’ legislation legally restricts the personal freedom of individuals whose actions hurt no one other than themselves but which some consider morally wrong. This extends to many situations such as drug possession, prostitution, bigamy, etc. In the U.S., laws preventing gambling and gay marriage fall into this category as well. There is, of course, a line drawn within this opinion regarding laws that include children. Consensual adults, however, should be free to choose how to live their lives as they please if it does not interfere with the personal welfare or property of others. Denying personal freedom is often justified and accepted as necessary but in the greater scope of human endeavor the acceptance of these ‘no harm’ laws leads the public to accept other such laws which slowly but steadily lead to further reductions of free will decisions by free peoples. The country was founded by people who believed this concept and wrote the Constitution to forever protect personal freedoms. This discussion will examine the history of how the concept of guaranteed personal freedoms became an American invention and offers a constitutional analysis of two hotly debated issues, euthanasia and abortion. (“The Fight”, 2004). Euthanasia and abortion are but two of the more high profile issues surrounding personal freedoms. Seatbelt and helmet laws, prostitution, gambling are other examples of ‘no harm’ laws. The justification for seatbelt/helmet laws is that fewer and less severe injuries are sustained as a result of the law which, when properly enforced, ultimately lowers the cost of health care for everyone. Overwhelmingly, lawmakers and the public have approved the substitution of money for freedom as quickly as they have sacrificed liberty for security in the ‘war on terror.’ Prostitution laws are ridiculous. What else can you give away but can’t legally sell? Gambling is illegal and immoral unless the state does it and calls it lottery. Other activities popularly trumpeted under the personal freedom umbrella such as smoking in public, carrying concealed firearms or driving while talking on the phone affect the safety of others and therefore are subject to governmental control. The government, by law, should be allowed only to enact legislation that follows the ‘no harm’ rule. Those who cause harm to others should be justly punished but those who are excising personal freedom, their constitutionally guaranteed right, should be allowed to pursue happiness in whatever manner they choose. Many have strongly suggested the U.S. government has, for a long time, extended its range of power beyond what was intended, beyond concerns regarding the welfare of the people of the nation such as invading sovereign nations without just cause, i.e. Vietnam and Iraq and using fear to justify spying on its own citizens. Those in government have defended what many deem immoral and unnecessary actions. In addition, the government has come to define its powers more broadly reducing the degree of personal freedoms over time resulting in a system today Locke, Jefferson and likely the majority of the Founding Fathers would strongly object to. Works Cited (The) American Revolution. Military.com. (2006). April 22, 2010 Dolhenty, Jonathan. (2003). “John Locke: A Philosopher of Freedom and Natural Rights.” The Radical Academy. April 22, 2010 < “Declaration of Independence.” (1776). April 22, 2010 < http://www.law.indiana.edu/uslawdocs/declaration.html> Stephens, George. (2006). “John Locke: His American and Carolinian Legacy.” John Locke Foundation. April 22, 2010 “(The) Fight for the Right to Die.” CBC News. (September 27, 2004). April 22, 2010 Uzgalis, William. (2001). “John Locke.” Stanford Encyclopedia of Philosophy. April 22, 2010 . Read More