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declaration-of-independence-equality-clause-debate

Declaration of Independence - Equality Clause Debate

The second sentence of the Declaration of Independence - “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” - is among the most debated passages in American political history. At issue is what the clause meant to its authors, what it commits the nation to, and whether later interpreters have recovered or revised its original sense. These questions are not merely antiquarian: how the equality clause is read shapes arguments about constitutional interpretation, the moral legacy of the founding, and the basis of political rights claims in American public life.

The dispute spans at least three distinct but overlapping questions: the intended referent of “all men” (who was understood to be included); the nature of the claim being made (philosophical proposition, legal commitment, or political rhetoric); and the relationship between the clause's text and the authors' personal conduct and institutional arrangements.

The Universal Proposition Reading

One major interpretation holds that the equality clause expresses a universal philosophical commitment - that all human beings, regardless of race, sex, or condition, are equal in their fundamental dignity and their possession of natural rights. Advocates of this reading argue that the authors chose expansive, philosophically charged language precisely because they intended a proposition that transcended the immediate political circumstances of 1776. The clause does not say “all British colonists” or “all propertied men” but “all men” - language that, in the natural rights tradition Jefferson was drawing on, referred to humanity as such.

This reading draws heavily on the Lockean and Enlightenment framework that informed the document. In John Locke's natural rights theory, the state of nature is characterized by equality among all persons, none having legitimate authority over another except by consent. Jefferson's formulation - that rights are endowed by the Creator and are unalienable - places the equality claim in a moral and theological register that, on this view, cannot be confined to a particular political class without doing violence to the argument's internal logic.

The most prominent historical proponents of this interpretation were the antislavery movement and its leading voices. Abraham Lincoln argued across multiple speeches - most notably the Peoria Address (1854) and the Gettysburg Address (1863) - that the Declaration established equality as the nation's founding proposition, the standard by which all American institutions were to be judged and toward which they were to be progressively reformed. Lincoln described the clause as a “standard maxim” intended to be “constantly looked to, constantly labored for, and even though never perfectly attained, constantly approximated.”1) Frederick Douglass, in “What to the Slave Is the Fourth of July?” (1852), similarly invoked the clause as the document's authentic moral core - a promise that stood in direct condemnation of slavery and that enslaved persons had every right to claim as their own.2) Harry Jaffa's Crisis of the House Divided (1959) remains the most sustained scholarly defense of this reading, arguing that Lincoln's interpretation was not a revision but a recovery of the Declaration's original universalist intent, and that the Lincoln-Douglas debates turned precisely on whether the equality clause could be read as a genuine moral commitment binding on the nation.3)

More recently, Danielle Allen's Our Declaration (2014) has argued that the equality clause is not merely a subordinate premise but the central political claim of the entire document - that the specific grievances against the Crown derive their force from the prior assertion of equal human dignity, and that the Declaration is best read as an argument for why equality and self-governance are inseparable.4)

On this reading, the failure of the founding generation to extend the clause's implications to enslaved persons, women, and others represents a moral failure and a contradiction - but not a refutation of the clause's universalist meaning. The contradiction, on this view, is precisely what subsequent generations were obligated to resolve. Hadley Arkes has further argued that the clause's natural law grounding gives it a binding moral force that cannot be reduced to mere rhetoric or political convention, and that the universalist reading is the only one consistent with the document's own internal logic.5)

The Political Equality of Peoples Reading

A competing interpretation holds that the equality clause was not a philosophical assertion about individual human beings but a claim about the political standing of colonial peoples as collectivities. On this reading, “all men are created equal” should be understood in its documentary context: the clause appears in a preamble designed to justify the colonies' right to dissolve their political connection with Britain. The relevant equality being asserted is that the American people, as a political community, stand on equal footing with the British people - that colonists owe no more subordination to Parliament than the British owe to a colonial legislature.

Proponents of this reading, including some constitutional historians and originalists, point to the document's overall structure. The Declaration is, on its face, a legal brief - a formal argument addressed to “a candid world” justifying a specific political act. The natural rights preamble sets up the argument, but the operative content is the list of grievances, which are particular and political. The equality clause, on this view, functions as a premise in that argument: governments derive their just powers from the consent of the governed; the colonists have been denied that consent; therefore, they are entitled to dissolve the political bands that have connected them with Britain.

Willmoore Kendall, Frank Meyer, and others in the conservative constitutional tradition argued that Lincoln's universalist reading was a significant revision - a “second founding” that retroactively elevated the Declaration above the Constitution and transformed it from a specific political act into a timeless creed.6) Garry Wills, writing from a different direction, also argued that standard readings of the Declaration had distorted its original meaning, though he located the distortion in a misidentification of its philosophical sources rather than in Lincoln's specific revision.7) Carl Becker's foundational study of the Declaration argued that Jefferson's natural rights language was largely conventional - drawn from the common stock of Enlightenment political thought rather than from any precise philosophical program - a finding that complicates claims that the clause was intended to carry the sweeping universalist weight its later advocates assigned to it.8)

Pauline Maier's American Scripture (1997) documented how the Declaration was largely neglected as a political text for several decades after 1776, and only became the canonical statement of American political values through a gradual process of nineteenth-century elevation - a process Lincoln both participated in and accelerated.9) On this reading, the question of what the clause “really means” cannot be separated from the question of how the document came to be read the way it has been.

The Circumscribed Natural Rights Reading

A third position holds that the equality language reflected a more bounded natural rights framework than either of the preceding readings acknowledges - one in which “men” referred specifically to propertied, adult, male members of the political community within a particular English Whig and common law tradition, and in which the application of equality claims to enslaved persons, women, or indigenous peoples would have been understood by most of the clause's authors as outside the document's intended scope.

This reading does not necessarily deny that the natural rights tradition carried universalist implications in the abstract. Rather, it argues that the authors were operating within a specific political and legal context that defined the relevant community of rights-bearers in ways modern readers are apt to overlook. Bernard Bailyn's The Ideological Origins of the American Revolution (1967) emphasized the degree to which the founders' political thought was shaped by the English Whig tradition of constitutional liberty - a tradition primarily concerned with protecting the rights of Englishmen against arbitrary power, not with articulating a universal human rights code.10) Gordon Wood similarly argued that the founding generation understood liberty primarily as a political condition - the absence of arbitrary rule - rather than as a universal natural condition applicable to all persons regardless of social standing.11)

On this reading, the question is not whether the authors were hypocrites (applying universalist language while maintaining slave societies) but whether the universalist reading of the clause is itself an anachronistic projection. Some historians argue that the clause's philosophical reach was understood, at the time of drafting, to be constrained by the same assumptions about political capacity, property, and social order that structured virtually all political thought in the eighteenth-century Atlantic world - and that later interpreters who read it as a broad social mandate were making a creative extension rather than a faithful recovery.

This position has been associated, in different forms, with critics of the “living document” approach to the Declaration on the right and with some historians skeptical of presentist readings on the academic left, though the specific arguments and conclusions differ substantially between these camps.

Jefferson's Draft and the Slave Trade Passage

A related but distinct debate concerns what Jefferson's deleted anti-slave trade passage implies about the equality clause's intended meaning. Jefferson's original draft included a lengthy grievance accusing King George III of introducing and sustaining the transatlantic slave trade - language that, in Jefferson's framing, treated enslaved Africans as human beings wrongfully subjected to a crime against humanity. Congress deleted the passage at the insistence of delegates from South Carolina and Georgia and some northern delegates with commercial interests in the trade.

Those who read the equality clause as genuinely universalist argue that the deleted passage is significant evidence: Jefferson understood, at least at the level of the document's argument, that enslaved persons fell within the community of persons whose rights were being violated. The fact that he included the passage and blamed Congress for its deletion suggests that the equality language was not understood by its author as excluding enslaved persons in principle.

Critics of this inference argue that the slave trade passage was a political grievance against the Crown - not a philosophical statement about the rights of the enslaved - and that its deletion tells us more about the politics of coalition-building in 1776 than about the intended scope of the equality clause. Others note that Jefferson's authorship of the passage is in tension with his lifelong slaveholding and his documented views on racial hierarchy, and that using the deleted passage to establish his universalist intent requires selective reading of the historical record.12)13)

Points of Agreement

Despite the depth of disagreement, several points are broadly shared across the major interpretive positions:

  • The clause's philosophical vocabulary - unalienable rights, the Creator, natural equality - is drawn from a tradition of natural rights theory, whatever the precise sources and however broadly or narrowly that tradition should be understood to apply.
  • The equality clause and the natural rights preamble have become, over time, the most politically and culturally consequential sections of the Declaration - substantially more so than the list of specific grievances against the Crown that constituted the document's original main content.
  • The clause has been invoked by a wide range of movements - abolitionist, feminist, labor, civil rights, and others - as authority for rights claims, and this pattern of invocation has itself shaped how the clause is read and taught.
  • Whatever its intended scope, the equality clause stood in at minimum a significant tension with the institution of chattel slavery as practiced by many of its authors - a tension that subsequent generations were left to resolve.
1)
Lincoln, Abraham. “Speech at Peoria, Illinois.” 16 October 1854. In Collected Works of Abraham Lincoln, ed. Roy P. Basler. New Brunswick: Rutgers University Press, 1953. Vol. 2, pp. 265-266.
2)
Douglass, Frederick. “What to the Slave Is the Fourth of July?” Address delivered at Corinthian Hall, Rochester, New York, 5 July 1852.
3)
Jaffa, Harry V. Crisis of the House Divided: An Interpretation of the Issues in the Lincoln-Douglas Debates. Garden City: Doubleday, 1959.
4)
Allen, Danielle. Our Declaration: A Reading of the Declaration of Independence in Defense of Equality. New York: Liveright, 2014.
5)
Arkes, Hadley. Beyond the Constitution. Princeton: Princeton University Press, 1990.
6)
Kendall, Willmoore, and George W. Carey. The Basic Symbols of the American Political Tradition. Baton Rouge: Louisiana State University Press, 1970.
7)
Wills, Garry. Inventing America: Jefferson's Declaration of Independence. Garden City: Doubleday, 1978.
8)
Becker, Carl L. The Declaration of Independence: A Study in the History of Political Ideas. New York: Harcourt, Brace and Company, 1922.
9)
Maier, Pauline. American Scripture: Making the Declaration of Independence. New York: Knopf, 1997.
10)
Bailyn, Bernard. The Ideological Origins of the American Revolution. Cambridge: Harvard University Press, 1967.
11)
Wood, Gordon S. The Creation of the American Republic, 1776-1787. Chapel Hill: University of North Carolina Press, 1969.
12)
Ellis, Joseph J. American Sphinx: The Character of Thomas Jefferson. New York: Knopf, 1997.
13)
Gordon-Reed, Annette. The Hemingses of Monticello: An American Family. New York: Norton, 2008.
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