A Test of Time: The enduring meaning of the Declaration of Independence

I worry that the many celebrations of the 250th anniversary of the Declaration of Independence will commemorate the historical moment but fail to appreciate the enduring meaning of the extraordinary statement approved on July 4, 1776. A reading of the Declaration of Independence reveals its ongoing relevance—indeed, especially for this particular time. The Declaration of Independence followed the decision of the Continental Congress to break with King George III and the British empire. The Continental Congress charged Thomas Jefferson with the task of writing an explanation for this action. That explanation became the Declaration of Independence. It was a message to rally support within the colonies, to deliver a message to the king, and to give notice to other countries that a new nation was beginning. On July 2, the Continental Congress formally voted for independence and two days later approved the final draft of the Declaration of Independence. Actually, most delegates did not sign the document until Aug. 2, 1776. But July 4 always has been observed as this country’s Independence Day. The importance of liberty and equality. It is not coincidence that in the beginning of the Declaration of Independence are the words: “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.” There are aspects of this statement that are disquieting. Jefferson did not really mean that all men are created equal; he owned enslaved individuals, as did many who signed the Declaration of Independence and ultimately the Constitution. Native Americans were not accorded rights. And “men” was literal in the sense that women did not have political or civil rights. There also is a religious foundation—invoking a “creator”—that is uncomfortable for many today. But the commitment to liberty and equality in the Declaration of Independence has been a cornerstone of American government from the outset. The preamble to the Constitution says, in part, it is to “establish justice” and to “secure the blessings of liberty to ourselves and our posterity.” Indeed, although there still is a long way to go, the course of American history has shown enormous advances over time with regard to both freedom and equality. The Declaration of Independence is thus a powerful reminder that a central purpose of government is to protect equality, as well as “life, liberty and the pursuit of happiness.” Governments derive their powers from the people. The Declaration of Independence states: “That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” This was a radical statement at the time: that the people ultimately are sovereign and must consent to their government. Not surprisingly, the first words of the Constitution state: “We the people of the United States ... do ordain and establish this Constitution for the United States of America.” In other words, those who govern this country do so not because of a divine right of kings or inherited authority or naked power. It is “we the people” who retain ultimate power, and any government is created by and for them. It is what President Abraham Lincoln expressed in his famous Gettysburg Address when he stated that the “government of the people, by the people, for the people, shall not perish from the earth.” It is a commitment to democracy that was unheard of at the time and has been a central feature of American government ever since Jefferson wrote the Declaration of Independence. Objections to abuses of power. The Declaration of Independence contains 27 grievances against King George III, most for abuses of power. If anything is clear from the document, it is a deep resentment of how executive power had been used. James Madison subsequently wrote in the Federalist Papers: “The accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed or elective, may justly be pronounced the very definition of tyranny.” The Declaration of Independence thus expressed a commitment to separation of powers, as well as checks and balances, that did not exist under the autocratic rule of King George III. In this regard, it stressed the importance of respecting legislative power. For example, it states: “For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.” It is impossible in reading this to not think of President Donald Trump repeatedly trying to act by executive order in instances where federal legislation is necessary for action. The Declaration of Independence complains that the king “has excited domestic insurrections amongst us.” It reminds us of the crucial role of a leader in acting to preserve domestic tranquility, including encouraging harmony rather than fomenting discord among the people in a nation. The importance of judicial independence. One of the grievances in the Declaration of Independence is how the king controlled the judges. It states: “He has made judges dependent on his will alone for the tenure of their offices and the amount and payment of their salaries.” The core of the rule of law is that no one, not even a king or a president, is above the law. Ensuring this requires an independent judiciary to enforce the law. It is for this reason that Article III of the Constitution came to provide federal judges—both on the Supreme Court and in the lower federal courts—with life tenure and with protection from having their salaries reduced. No longer would judges be dependent on the will of a ruler for their tenure in office or for their salaries. As we hear the attacks on judges today, we should again appreciate and affirm the vital importance of an independent judiciary. Courage. As we celebrate the Declaration of Independence this summer, we should remember the enormous courage that it took to draft and sign it. It was an act of treason, and those responsible could have been punished as traitors. The Declaration of Independence was a challenge to tyranny and a call to action. It could have led to those responsible being put to death for their efforts. Above all, it is a profound reminder that people can make a difference if they rise up together. The Declaration of Independence is thus a reminder of enduring principles: the importance of freedom and equality; the vital significance of democratic rule; the essential need for separation of powers and checks and balances; the crucial role of judicial independence to uphold the rule of law; and the need for courage to act to protect these commitments. If the celebration of the 250th anniversary of the Declaration of Independence is to have meaning, it must be to recommit to these enduring principles and to act upon them in our time. History shows they are fragile. Many countries that once were democracies no longer are. It would be hubris to believe that the United States is forever immune from the pressures that ended other democracies. If our democracy is to survive, it must be because of our ongoing commitment to the idea that the Declaration of Independence is not just words on paper but a vital statement of our enduring values as a nation. n Erwin Chemerinsky is dean of the University of California at Berkeley School of Law. He is an expert in constitutional law. He’s also the author of many books, including his most recent ones: Campus Speech and Academic Freedom: A Guide for Difficult Times and The Supreme Court October Term 2024: Taking Sides.