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Abraham Lincoln hoped to generate sufficient Whig support for his opposition to Kansas-Nebraska to get him elected to the senate in 1855. But that support failed to materialize, and in 1856, as the Whig party sank lower and lower under the burden of its own divisions, Lincoln joined a new anti-slavery party, the republicans, a coalition of northern Whigs and disgusted northern democrats. He ran against Stephen a. Douglas for the senate in 1858, and together they staged a memorable series of seven debates across Illinois. Douglas won the election, but Lincoln won a national reputation as an enemy of slavery's extension.
This chapter examines how various civil rights movements have interwoven the Declaration into their advocacy for causes to combat social and legal discrimination, including chauvinism, labor exploitation, and election plutocracy. A variety of groups, including first-wave feminists and labor advocates, effectively relied on it to promote various constitutional causes. Among suffragettes, its statement of human equality stood out, while workers’ movements favored the document’s condemnation of autocracy and oppression. As with other groups who likewise relied on the Declaration’s mandates, it represented a national commitment toward achieving a liberal equality for the common good. The Declaration of Independence remains relevant today to matters as broad in constitutional scope as federalism, campaign financing, AI advertisement, and separation of powers. Its sweeping statement of unalienable human rights and equality continues to embody core American commitments to representative democracy. That manifesto of equality and freedom has for two centuries influenced politicians, civil rights organizations, and ordinary people in the United States and abroad.
As unprecedented as the Declaration was, it was not without intellectual antecedents. The Declaration interacted with and built upon recent expressions of European Enlightenment political philosophy in its focus on “Nature and Nature’s God,” and in its reliance upon the normative principles of “laws of Nature” as well as natural or “unalienable” rights. European Enlightenment political philosophers themselves stood in complex and varied relationships with their ancient and medieval predecessors; sometimes adding to, sometimes transforming, and sometimes rejecting these preceding ideas. The Declaration brilliantly navigates this complex web of intellectual antecedents by treating the ideas of laws of nature, natural rights, the social contract, and republicanism in such a way that the points of tension between their different interpretations are minimized and subsumed within a shared understanding of the importance of nature for political life. In so doing, the Declaration provides an intriguing hint of how the deep fault lines between these political philosophical traditions might ultimately be bridged. The Declaration’s succinct statement of political principles may be viewed as a transformative distillation of a few of its most important European antecedents.
This chapter situates the Declaration of Independence in relation to another founding document of the United States, the federal Constitution. It assesses the Declaration’s role in debates over the Constitution, first during the latter’s framing in 1787, then in the struggle for ratification, and then later as political actors sought to interpret each document in light of the other. From the outset, debate over the Constitution highlighted the Declaration’s multivalence as well as its rhetorical power. Both defenders and opponents of the Constitution have sought to show how their cause best aligned with the ideals and aspirations expressed in the Declaration. Anti-federalists and their successors constructed a powerful narrative which juxtaposed the Declaration’s call to liberty with the Constitution’s blueprint for authority. Yet there was from the beginning an equally strong tradition that saw the Constitution as a consummation of the Declaration’s promise. Either way, this chapter argues, the Declaration continues to help shape the meaning of the Constitution – and to have its own meaning remolded in turn.
The Cambridge Companion to the Declaration of Independence offers a wide-ranging and accessible anthology of essays for understanding the Declaration's intellectual and social context, connection to the American Revolution, and influence in the United States and throughout the world. The volume places the document in the context of ideas during the Enlightenment and examines the language and structure to assess its effect and appeal throughout the centuries and across countries. Here are contributions from law, history, and political science, considering such matters as the philosophical foundations of the Declaration, the role of religion, critics of its role in American political development, and whether 'Jefferson's handiwork' is still relevant in the twenty-first century. Written by distinguished and emerging scholars, the Companion provides new and diverse perspectives on the most important statement of American political commitments.
For civilians who lived through the American Revolution, war, politics, and family life were inextricably linked. As the continent descended into civil war, violence seeped into daily life, with profound implications for the varied inhabitants of colonial North America, including Black, white, and Indigenous families; free and enslaved people; Loyalists and Revolutionaries; men and women. Civilians, even those who sought to avoid the war, inhabited a precarious position, subject to widespread violence, household invasion, and new, occasionally coercive, authorities and conflicting allegiances. These circumstances unsettled the power relations and hierarchies that governed daily life, disrupting political authorities, social interactions, labor arrangements, and economic exchanges. Rippling throughout Revolutionary society, military conflict and political shifts exposed deeply rooted societal fissures, particularly regarding race, class, and gender. Recognizing this, poor white men, white women, the enslaved, and free Black colonists advocated for a more expansive, inclusive definition of liberty – a fight that has persisted beyond the war.
In June of 1776, the Continental Congress voted to declare independence as thirteen United States, seeking not just to transform the governments of those states, but to undertake a transformation of the international system from which it sought recognition and legitimacy. Diplomacy lay at the heart of the American Revolution, to win the war and to position the United States as the hegemonic power in North America. This chapter analyzes how leaders such as John Adams, Benjamin Franklin, and Thomas Jefferson used diplomacy over five decades from the Declaration of Independence (1776) to the Monroe Doctrine (1823) to enact a revolution in international affairs that would result in the distancing of newly independent republics in Western hemisphere from direct involvement in the European state system, the marginalizing of Indigenous nations, and the elevating of the United States to a position of hegemony.
This chapter explores the multifaceted challenges facing the new nation during the Confederation period, including the final years of warfare and its consequences, sectional and regional divisions, class tensions, diplomatic squabbles, economic failures, and threats to national sovereignty from enemies both foreign and domestic. Americans grappled with the realities of independence and explored new treaties and reform movements in both state and federal government. Women, people of color, and the working class questioned whether the Revolutionary ideals of life, liberty, and happiness applied to everyone. This chapter concludes with the Constitutional Convention, which signaled the failure of the Articles of Confederation, but the themes of this pivotal decades remain relevant today.
This chapter describes the French Revolution in its general development and underlying logics, with particular attention given to individual equality and the ways in which it was fused – or not – with institutionalised political participation.
Chapter 6 turns to the attack on the Whig view of the state, and especially to the rejection of the Whig contention that no arbitrary or despotic power is any longer being exercised. The chapter focuses on two major challenges to this complacency. One line of criticism pointed out that, with the creation and rapid growth of the national debt, enormous sums were now being paid directly to the crown, thereby bringing an obvious danger of despotism. The second and epoch- making challenge came from the American colonies. When the British government resolved in 1764 to tax them directly, the colonists denounced this innovation as an obvious act of despotism. They argued that, because they had no representation in the British Parliament, they had no means of expressing or withholding their consent. They were thus being subjected to a wholly arbitrary form of power, and were consequently being treated as slaves. The chapter traces the development of this patriot case in the writings of Otis, Hopkins, Dulany, Dickinson, Jefferson and other colonists, and concludes with the defence of the patriot cause by Price and Paine and the publication of the Declaration of Independence.
The declarations of rights issued during the American and French revolutions are the most important outcomes of the eighteenth-century’s debates about natural rights. Concise and clear in their language, these declarations distilled decades of theorizing into easily understood axioms meant to make citizens aware of their rights and of their entitlement to participate in the making of the laws under which they lived. The eighteenth-century declarations on both sides of the Atlantic were drawn up by legislators determined to protect the institution of slavery that so flagrantly contradicted their sweeping statements about natural rights, and they were not intended to grant women equal rights with men. Their expansive language, however, provided a basis for excluded groups to formulate demands that rights be extended to them, even if the authors of the declarations had not intended to do so. The most influential of these documents, the 1789 French Declaration of the Rights of Man and of the Citizen, used sweeping, universal language. Intended as temporary, it was swiftly canonized as the embodiment of the principles of the French Revolution. The more radical French Declaration of 1793 incorporated social rights to welfare, work, and education. Napoleon rejected the idea of including a declaration of rights in the constitution he imposed in France 1799, but the 1948 Universal Declaration of Human Rights showed the lasting power of the tradition inaugurated with the Virginia Declaration of 1776.
Abolitionists adopted higher law to oppose the settled law which explicitly recognized chattel slavery in America. Emerson sometimes spoke on higher law but it was not his most comfortable position. Emerson was a Neoplatonist, and it is the gradualism of Neoplatonism that he embraced against the immediatism implied in higher law. But even before Emerson’s 1856 conversion to abolition, starting in 1854 Emerson began moving his self-reliance into Northern-reliance. He was working his way philosophically toward a political activism that he would, finally, enthusiastically embrace. Emerson borrowed from the Neoplatonist Plotinus the word and idea of living “amphibiously,” and that is what he learned to do.
This chapter brings readers’ attention to the fact that throughout United States history, government has been an active and necessary part of building the country. In the colonial period, for example, laws regulating taverns and other businesses proliferated. After the Founding, under the leadership of Alexander Hamilton and the federalists, the central government was seen as the necessary force needed to support an economy that then enabled the country to participate on the world economic stage. The anti-federalists, led by Thomas Jefferson and James Madison, aceded to the need for the government to support the economy in the ways proposed by the Federalists.
The term “identity” often generates questions about the “essence” of the entity being “identified.” Ascriptions of “identity” become controversial inasmuch as given behaviors or traits are viewed as favorable or unfavorable. Within the United States, the rhetorical trope “this is not who we are” has become almost pervasive upon the occurrence of a regrettable, even heinous, act. President Obama had a particular affinity for the phrase. He suggested, for example, that the vicious racism revealed in the 2015 massacre of African Americans in Charleston, South Carolina was aberrant, revealing nothing essential about American culture. The current debate within the United States about the “1619 Project” is all about constitutional and cultural identity. Its adherents argue that American identity is rooted in the white supremacy instantiated in the practice of slavery, dating back to 1619. Opponents emphasize the 1776 Declaration of Independence, with its proclamation that “all men are created equal” and “endowed” with equal “inalienable rights,” as the key marker of American identity. Slavery, which is conceded to have existed, was simply epiphenomenal; “who we are” is defined by the Declaration. Much is thought to ride on ascribing a particular identity to any given country or, more particularly, its constitution.
One of the core themes of Gary Jacobsohn’s work has been his observation that constitutional aspirations tend to develop within a disharmonic constitutional order. Jacobsohn draws our attention to Abraham Lincoln and Frederick Douglass as models for thinking about the unfolding of U.S. constitutional aspirations within a larger framework of constitutional disharmony. This essay revisits Jacobsohn’s theory of constitutional aspiration, including its underlying philosophical premises, and concludes by putting it in dialogue with recent revisionist accounts of the U.S. constitutional order that downplay, deny, or mute the aspirations that Jacobsohn’s body of scholarship highlights and celebrates.
The article discusses the current legal-political crisis in Israel against the backdrop of the judicial and political powers that have led to the present situation. The disastrous Yom Kippur War of 1973 weakened the government and public confidence in the political institutions. The weaknesses of the government enabled the Supreme Court to carry out a judicial revolution, which completely changed the country's legal system. The legal revolution entered a new stage when the Supreme Court held that the Basic Laws form part of Israel's constitution. This judicially created constitution opened the way for judicial review of legislation. Its weakness stems from the fact that Basic Laws are legislated in much the same way as ordinary legislation. As a result, the Knesset can easily override any ruling of the Court that voids a statute, by amending the relevant Basic Law. The Court is now struggling to find a means of gaining some control over the legislation of Basic Laws. At the same time, the present government declared its intention to carry out legal reforms that are in effect a counter-revolution to the judicial revolution. The article examines how the fluctuation in the political support of the Court affects its decisions.
Around the world today, right-wing authoritarian movements labeled populist claim to be vehicles of popular sovereignty. Analysts have debated the definition of populism and the economic and cultural sources of these movements. Few have closely analyzed the “stories of peoplehood” advanced by authoritarian populist movements, or explored how they can be countered by more inclusive and egalitarian stories of peoplehood. This chapter suggests criteria for developing better stories of peoplehood, using the example of American stories that might compete effectively with the Trump movement’s narrative of “making America great again.”
From 1764 to 1776, there was a political crisis regarding the authority of the British Parliament over America. Yet the British case for parliamentary sovereignty was not particularly clear, and by 1774, most Americans argued that Parliament had no authority over internal affairs in America. Even English politicians and lawyers, such William Pitt the Elder and Lord Camden, argued that Parliament had no ability to tax the American colonies. In 1776, the American colonies declared their independence and a war of independence ensued, that Britain lost. But what could explain this disagreement over sovereignty? This chapter looks to several factors for explanation. These include the fact of Britain’s uncodified Constitution, which rendered it unclear which laws were in any case ‘constitutional’. There was also disagreement as to how the British Constitution applied in the colonies. Many Americans asserted that only a shared monarch connected American colonies legally to Britain and to each other, and that colonial assemblies were comparable to Parliament. There was, however, no acceptance of this in Britain, where the doctrine of undivided and unlimited sovereignty was increasingly employed by those in power.
At the end of the eighteenth century a wave of revolutionary constitutions engulfs Western Europe and America. Most of these mark a new start and express the tenets of Enlightenment: rule of law, division of power, fundamental rights and the concept of conditional government power ( social contract).
This chapter reads Colson Whitehead’s novel The Underground Railroad as a Janus-faced text in American literary history that looks back toward the persistent political conundrums illuminated by twentieth-century American fiction and reconfigures them in generative ways for the twenty-first century. Like earlier twentieth-century neo-slave narratives by Ishmael Reed, Octavia E. Butler, and Toni Morrison, Whitehead’s novel critiques a naïve historical story of inevitable Black progress, and it even flirts with the notion that American democracy and African American oppression are inextricable. But Whitehead rejects fatalistic narratives of inevitable injustice by showing how American normative myths can still be politically efficacious. Establishing himself as a key literary figure in contemporary Black political thought, Whitehead uses the speculative fiction genre to transform celebrated concepts in American political theory – e.g., individual freedom, legal equality, constitutional rights, representative democracy, popular sovereignty – by contextualizing them within Black experiences across time. Ultimately, his political vision amounts to a wary optimism, which Whitehead himself has called a politics of “impossible hope.”