The Declaration of Independence and the Current Supreme Court

On July 4, 1776, the Second Continental Congress approved the Declaration of Independence. The first section outlined the fundamental principles of just governance, emphasizing that free people do not live under tyranny. The middle section catalogued the actions of King George III that demonstrated his tyrannical rule. “The history of the present King of Great Britain is a history of repeated injuries and usurpations,” wrote Thomas Jefferson, “all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.”

The facts that were then submitted to the candid world were twenty-seven grievances against King George III that highlighted his repeated abuses of power. These included imposing unfair laws and taxes, and dissolving representative bodies. He obstructed justice and maintained a standing army in peacetime without consent. He cut off trade and disrupted colonial governance. These actions collectively justified the colonies’ decision to seek independence. By structuring the grievances as charges and justifications, the Declaration effectively presented a compelling legal case against King George.

All of these actions, however, were carried out by the King as part of his official duties of ruling the empire.

If the delegates to the Congress of 1776 had shared the worldview of the conservative members of the current Supreme Court, all actions taken by King George III in his official duties would have granted him immunity. Consequently, the case could not have been prosecuted, and the decision to declare independence would not have been made.

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