By Christopher P. Gerber, Esquire
Christopher P. Gerber
America is 249 years young. On July 2, 1776, the Second Continental Congress separated from Great Britain by approving a Resolution proposed by Richard Henry Lee of Virginia, declaring “That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.”
However, we have chosen to celebrate our independence on July 4th, when the Declaration of Independence was officially adopted. In an age when Americans are polarized over the role of government, we should all read and understand our “birth certificate,” which answers fundamental questions about who we are as a nation.
The purpose of the Declaration was to explain to the world the reasons for the separation from Great Britain. Thomas Jefferson remarked that the object of the Declaration was “…not to find out new principles, or new arguments, … but to place before mankind the common sense of the subject, in terms so plain and firm, as to command their assent, and to justify ourselves in the independent stand we are compelled to take…”
That independent stand was unequivocally premised upon the principle that the unalienable rights of the individual, which are endowed by the Creator, transcend the powers of government: “…That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, owed in limited form only by the people.”
The new Americans viewed government as a necessary evil. Thomas Paine put it bluntly: “Society is produced by our wants, and government by our wickedness; the former promotes our happiness positively by uniting our affections, the latter negatively by restraining our vices. The one encourages intercourse, the other creates distinctions. The first is a patron, the last a punisher”
It could be said that the Declaration is the first American breach of contract action — by the People versus the King, who violated their rights through the abuse of governmental power. The Founders, in effect, declared an illegal rebellion to be — a legal one. Brilliant. Hence, the genesis of the American lawyer!
The principles set forth in the Declaration would soon be embodied in the Constitution, which affirmed the intent to form a government with limited powers designed to protect individuals from tyranny.
Tyranny can take root in many forms and can arise from either the left or from the right. Having survived a paralyzing pandemic and government shutdowns of selected segments of the private sector, we continue to debate the power of the executive branch at the federal and state level. If tyranny were ever to gain a foothold, we should not blame a political party, since blame would lie with us all — for allowing it.
Some hold the view that government is a guarantor of happiness that, in effect, warrants a Declaration of Dependence. Such an abdication of power to the government is antithetical to American jurisprudence and culture — and would only lead to tyranny. As expressed in the Declaration, we all have a right to life, liberty and the pursuit of happiness. Therefore, we enjoy the freedom to succeed or to fail on our own — based upon our own individual efforts and without interference or control by government in our personal lives.
While alarmists enjoy spreading fear that our democracy is in peril, history proves that American politics have always been volatile. While the tree of liberty has been shaken from time to time, its roots run deep — sown by those who risked their lives and fortunes by affixing their names to the document that forged this great nation.
Let us all acknowledge and never forget the founding principles expressed in the Declaration, which form our common identity.
Happy birthday, America… and God bless.
Christopher P. Gerber, Esquire is a civil rights attorney who practices in Chester Springs, Pennsylvania
