LIBERTY UNIVERSITY
HELMS SCHOOL OF GOVERNMENT
Analytical Essay
Submitted to Dr. Troy Gibson,
in partial fulfillment of the requirements and the completion of
PLCY 702 - B02
Founding Era and the Constitution
by
Tracy Nix
September 13, 2021
Introduction
Thomas Jefferson was charged with the task of the first draft of the Declaration of Independence and appealed to the case for the natural right of equality as an appeal to a higher authority when giving the justification for America severing from the government of Great Britain. According to Noah Webster’s 1828 Dictionary, Equality is “an agreement of things in dimensions, quantity or quality; likeness; similarity in regard to two things compared. We speak of the equality of two or more tracts of land of two bodies in length, breadth or thickness, of virtues or vices.” (Webster 1828). Jefferson was addressing the proverbial “elephant in the room” when he wrote of the unequal treatment between citizens of the same country across the ocean in the Island of Great Britain and that of the American Britain’s. In his first draft of the Declaration of Independence, Thomas Jefferson laid out, as he saw it, the rationale for America leaving the mother country: Great Britain’s inconsistent treatment of American people as essentially slaves though being equal citizens. The term “equality” in the Declaration of Independence was used to characterize the basis for severance of a nation and redressing grievances that, guilty Britain, should have reconsidered time and time again. The basis of equality was a foundation that America was started with and for, but the term equality as Jefferson meant it in the Declaration, as contextualized in use in other writings, such as his Summary View of the Rights of British Americans; has deviated into a modern conversation, involving the separate subject and subjugation of “equity." Equalness of opportunity as given naturally by the law of nature and nature’s God is not the same as “equity” equalness of outcome as afforded through the gain of other men. In fact, equity, as interpreted in a modern conversation, would immorally seize other men's property and goes against the very teaching of our Creator. Jefferson not only said that all men were equal in rights but that all men are created equal. Equality in the Declaration of Independence as Thomas Jefferson intended should only be interpreted in the morally binding context that Jefferson intended it to mean: equal as those who are created by God and have natural rights, as God defines them. (Jefferson 1776, p.4)
Equality According to Jefferson’s Writings
The First Draft of the Declaration of Independence was drafted by Thomas Jefferson and was just one man's interpretation of the current events in his history. Thomas Jefferson appealed to the natural law to make a case for equal rights for citizens of the same country. Great Britain had inconsistently applied the rights of its’ citizens, that was said to be under its’ jurisdiction. Britain’s overreach of dissolving representative bodies that were established in America was hypocritical because the regions in Great Britain were allowed to represent their districts. (Jefferson 1776, p.6) Jefferson went on to write out the grievances and listed items such as imposing taxation without representation, establishing an arbitrary government for America, maintaining a standing army in America during peacetimes (for the purpose of intimidation) …and the list went on and on. (Jefferson 1776, p.7) The English monarchy had, by and large, left the American experiment alone for years and had let individuals do all the heavy lifting of exploring and chartering their own governments though ultimately under the Crown's sovereignty. All of a sudden, with the change in the monarchical head of state, Britain was obliged to take full advantage of the usefulness of other men’s labors. “In the Declaration and Resolves of the first Continental Congress (1774), the colonist declared that “by the immutable laws of nature, the principles of the English Constitution, and several (colonial) charters, they were entitled to life, liberty and property, and all the rights, liberties, and immunities of free and natural-born subjects within the realm of England, and to the common law of England. Rejecting legislative supremacy, they asserted that legislative authority of Parliament was limited by the higher law of the constitution. In their Declaration of Causes and Necessity of Taking Up Arms (1775), the colonist listed their grievances against Parliament, declaring that they were "resolved to die freemen rather than to live slaves." (McClellan 2000, p.90)
One main reason that Thomas Jefferson was chosen to spark the start of the first draft of the Declaration of Independence was that he drafted a magnificently laid out argument in the document on the violations and overreach of Britain's oppressive behaviors in "A Summary View of the Rights of British America" in 1774. This notable document was written in protest of Britain’s dissolving the House of Burgess in Massachusetts and in solidarity for the cause of equality of representation. (Jefferson 1774, p.1)Jefferson’s view of the word “equality” could once again be framed from the angle of equal God-given rights to citizens of the same country and born from the same Creator. In this writing, Jefferson took to not only addressing the grievance of overreach to Parliament but took the matter higher: to the Crown. Jefferson reminded King George III that "kings are the servants of the people and not the proprietors of the people." (Jefferson 1774, p.2) Rights were not to be dealt out by leadership arbitrarily but "rights which God and the laws have given equally and independently to all." (Jefferson 1774, p.3) Jefferson was asking the King for acknowledgment of their God-given rights and what was rightfully theirs without seizure of property or without relinquishment of lawfully chosen representation from America. In the Summary View of the Rights of British America, Jefferson accuses the Crown of a "series of oppressions, begun at a distinguishable period, and pursued unalterably through every change in ministers, to plainly prove a deliberate and systematical plan of reducing us to slavery" (Jefferson 1774, p.8) Jefferson further deliberated about the Crown exercising random control by un-electing America's electors and compares the citizen’s representatives in the Island of Great Britain exercising their control over “equal” citizens of American Britains. (Jefferson 1774, p.8)
When Jefferson would utter the written words in the First Draft of the Declaration of Independence, "all men are created equal," he would have understood the word "equal" in the context of the arguments that were being laid out to Great Britain during this short period of years and written redressing of grievances against Parliament and the Crown. Jefferson's draft of the Declaration of Independence was heavily edited by the First Continental Congress to exclude slavery as the basis for severing with Britain, mainly due to the delegates from Georgia and South Carolina and their growing acceptance of slavery. Jefferson, no doubt, would have noticed the inconsistency and the use of logic in his own writing when accusing Great Britain of reducing the rights of Americans to slavery. At the same time, America itself had not abolished slavery (as a whole). Jefferson even appeals to the sensibility of nobility that a Christian King should have known better than to capture and enslave a people and import and export (people) as payment and then as part of the monetary system under the authority of the Crown. (Jefferson 1776, p.1) The then growing dissidence for systemic slavery imported from Britain was a tribute to the growing biblically informed version of Christianity amongst the citizens of a people in America; Freedom of religion and freedom of conscience were foundational ideas and reasons why people immigrated to America. Those very ideas helped to establish equality.
Slavery had been around since, close to the dawn of time, but equality was a converging conversation when Jefferson took up the pen to write the Declaration of Independence. One version of a somewhat Christian version of a biblically informed public policymaker is the Puritans. The Puritans did not have a consistent view on equality: such is the case as not all could participate in selecting their own government, but they did contribute significantly to the conversation to end the enslavement of humankind systemically. The American experiment of ideas was set up for success though she has had her moments of blunder. “Of course, neither America nor any other nation has perfectly lived up to the universal truths of equality, liberty, justice and government by consent. But no other nation before America ever dared state those truths as a formal basis for its politics, and none has strived harder, or done more to achieve them.” (Commission 2021, p.2) Though a large proportion of grievances against King George's provision for the open market of men to be bought and sold was struck out of Jefferson's draft of the Declaration of Independence, America continued to form a more perfect union through its Constitutional Bill of Rights and its Amendments. Jefferson's disappointment and yet prudent approach to policy-making has ultimately prevailed to equal rights in America, yet not without struggle.
Equality Under God
In the Declaration’s first draft, Jefferson acknowledged what the Bible declared: God created man. (Genesis 1:27) So God created man in his own image, in the image of God created he him; male and female created he them. (James 1905) To say that all men were created equal is not to say that all men have equal talent, skill, strength, or ability. God gives mankind those gifts as He wills it. (Romans 12:3) For I say, through the grace given unto me, to every man that is among you, not to think of himself more highly than he ought to think; but to think soberly, according as God hath dealt to every man the measure of faith. God is responsible for the divvying of them, and mankind is responsible for the stewardship of them as demonstrated in the parable of the talents, told by Jesus in Matthew 25 (Matthew 25:15) And unto one he gave five talents, to another two, and to another one; to every man according to his several ability; and straightway took his journey. All are equally fearfully and wonderfully created by God for separate purposes, but it is all equally God’s purpose. All answer to God. Rom 14:11 For it is written, As I live, saith the Lord, every knee shall bow to me, and every tongue shall confess to God. (Philippians 2:10) That at the name of Jesus every knee should bow, of things in heaven, and things in earth, and things under the earth; God judges all men equally because of the light of their conscience that has an inherent knowledge of God and his ways: thus, making mankind equally accountable before a just God. (Romans 2:15-16) 15 Which shew the work of the law written in their hearts, their conscience also bearing witness, and their thoughts the mean while accusing or else excusing one another;) 16 In the day when God shall judge the secrets of men by Jesus Christ according to my gospel. God instituted the law of private property rights and distinguished between personhoods of peoples and their possessions. (Exodus 20:15) Thou shalt not steal. (James 5:12) But above all things, my brethren, swear not, neither by heaven, neither by the earth, neither by any other oath: but let your yea be yea; and [your] nay, nay; lest ye fall into condemnation. The words “you” and “your” demonstrate possession of personhood. God instituted equalness of persons while distinguishing a stewardship responsibility for property and talents; while giving mankind disproportionately as he wills and the accountability to how he has used what he had been given. (Luke 12:48b) For unto whomsoever much is given, of him shall be much required: and to whom men have committed much, of him they will ask the more. God has equal justice policy for all humanity and justly deals equity to all. All will get what they deserve before God. (Psalm 98:9) Before the LORD; for he cometh to judge the earth: with righteousness shall he judge the world, and the people with equity. God is the only one who can perfectly divide equalness of outcome because he is Just and the Creator.
Modern Debate on Equality and Its Nuances
The modern debate of the term equality has morphed into a conversation about equity. The then, Vice-Presidential Candidate Kamala Harris reinvigorated the debate about equality (equalness of opportunity) and equity (equalness of outcome) with her tweet about equity. "There's a big difference between equality and equity," says Harris. "Equality suggests, 'Oh, everyone should get the same amount.' The problem with that, not everybody's starting in the same place." Harris contrasted equal treatment—all people getting the same thing—with equitable treatment, which means "we all end up at the same place." (Soave 2020) Harris, appealing to the recently told story of the shamefulness of America's systemically racist foundation, used a sleight of hand to produce the emotion of empathy to legitimate injustices as a part of American history: but used it to deal out unsound doctrine. Remember, Jefferson indicated that the equality of peoples should be equal, and yet he appealed to the Creator in the same sentence when he declared that "all men were created equal." (Jefferson 1776, p.1) The question becomes, “Does God approve of Kamala Harris's equity plan for the Unites States of America today?" President Joe Biden sure had taken a liking to it when he recently signed into law the Recovery Act. As Joe Biden said, “Our focus will be on small businesses on Main Street that aren’t wealthy and well-connected that are facing real economic hardships through no fault of their own,” Biden says. “Our priority will be Black, Latino, Asian, and Native American-owned small businesses, women-owned businesses”:(Oliver 2020). The problem isn't that Americans want to distribute Covid relief funds to those who are hardest hit; it is that they want to do by racial discrimination against white people. Congress and Joe Biden has just signed into law the systemic racism that this country worked so hard to eradicate.
Jefferson's view of equality aligns with God's view of equality. God views all men as created equal but did not equip them all the same howbeit I am sure this “tongue in cheek” “evil” approach would have never passed the justice test of Vice President Kamala Harris. Nor would God have passed the Kamala Harris equity "equalness of outcome" test since he Himself set up the law of sowing and reaping. (Galatians 6:7) Be not deceived; God is not mocked: for whatsoever a man soweth, that shall he also reap. Redistributing the wealth of America without the consent of Americans, i.e., the constitutional test of the discrimination based on race, is not only unconstitutional: it is immoral. Equity is taking the rightful God given property of another and seizing without consent of the private property owner's approval. This concept is immoral, as God sees it.
“Identity Politics.” Hence, many individuals no longer identify themselves as Americans first but rather as Feminists, Union Members, Latinos, LGBT, African-Americans, Evangelicals, Seniors, and so on. In fact, Congress now passes “hate crime” laws determining which subgroups will receive extra protection (such as gays and lesbians) and which will not (such as veterans and seniors).74 Congress has also passed tax laws determining which subgroups will be economically rewarded and which punished.* Thus, many laws no longer apply equally to all Americans. America was long characterized by the Latin phrase on the Great Seal of the United States: E Pluribus Unum, meaning “out of many, one.” This acknowledged that although there was much diversity in America, there was a common national culture and unity that transcended all differences. But Antinationalism reverses that emphasis to become E Unum Pluribus – that is, “out of one, many,” thus dividing the nation into separate groups” (Barton and David 2012, P.880)
Equality in the Declaration of Independence as Thomas Jefferson intended should only be interpreted in the morally binding context that Jefferson intended it to mean: equal as those who are created by God and have natural rights, as God defines them. In many ways, the modern-day conversation of equality parallels the dispute of equality in Jefferson's day and against an overbearing, tyrannical government. It may be time to break out the ink quill and summons the Continental Congress to redress the grievances of an out-of-bounds government.
References:
Barton, and David. 2012. Jefferson Lies<br>. Washington D.C: WND Books.
Commission, The Presidential Advisory. 2021. “The 1776 Report<br>.” President Trump White House Administration. https://trumpwhitehouse.archives.gov/wp-content/uploads/2021/01/The-Presidents-Advisory-1776-Commission-Final-Report.pdf.
James, King. 1905. Bible<br>. No Copyright.
Jefferson, Thomas. 1774. “A Summary View of the Rights of British America<br>.” Teaching American History. 1774. https://teachingamericanhistory.org/library/document/a-summary-view-of-the-rights-of-british-america-2/.
———. 1776. “Rough Draft of the Declaration of Independence<br>.” Teaching American History. July 2, 1776. https://teachingamericanhistory.org/library/document/rough-draft-of-the-declaration-of-independence/.
McClellan, James. 2000. Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government. Indianapolis: Liberty Fund.
Oliver, Ashley. 2020. “Joe Biden: Distributing Coronavirus Aid to Minority-Owned Small Businesses Is ‘Our Priority.’” Breitbart. January 11, 2020. https://www.breitbart.com/politics/2021/01/11/joe-biden-distributing-coronavirus-aid-minority-owned-small-businesses-is-our-priority/.
Soave, Robby. 2020. “Kamala Harris Says Equal Outcomes Should Be the Goal of Public Policy.” Reason: Election 2020. November 11, 2020. https://reason.com/2020/11/02/kamala-harris-equality-equity-outcomes/.
Webster, Noah. 1828. “American Dictionary of the English Language: Equality .” American Dictionary of the English Language. 1828. http://webstersdictionary1828.com/Dictionary/equality.
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