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  • Great Britain had been enacting a new series of taxes, including the cost of occupying the colonies

  • Yet, there was no representation in the British parliament – as was typical of the Empire

  • Further Britain moved to punish Massachusetts for the Boston Tea Party protest of 1774

  • King George declared “Blows must decide whether they are to be subject to this country or independent”.

  • DofI adopted by the Continental Congress on 4th of July, 1776

  • 13 American Colonies regarded themselves as independent states no longer part of the British Empire

  • British King, George III

  • Led by John Adams

  • Drafted by Thomas Jefferson

  • Adjustments by John Adams and Ben Franklin

  • Formal explanation of why the Congress of states had decided to declare themselves free of England

  • Philadelphia, Penn. State House in 1775, in what is now called “Independence Hall”

  • In early 1776, Thomas Paine published “Common Sense”. He was English, new to the colonies and was a critic of the monarchy and hereditary rule

  • The Pamphlet was new and radical and very popular – and fueled talk of Independence from England

  • Meanwhile Colonial leaders had NO mandate to separate and had been appointed or elected in a variety of ways

  • They still needed such a green light to pursue such a detachment altogether and were facing an all out response from Great Britain, complete with German mercenaries

  • For many months this politicking ensued trying to get formal support to bring back to Philadelphia

  • Thomas Jefferson chosen to draft a declaration of indepence – and only about a week to do it!

  • Build on the legal philosophers of the time, Hobbes and Bentham

  • Declared certain natural and unchangeable (“unalienable”) legal rights

  • Began with the beautiful: “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”

  • Continues with arguments against arbitrary government and for the Rule of Law and the concept of democratic government

  • Left OUT a criticism of the Slave Trade! (Jefferson had wanted it included…)

Review Notes to Share

History of Law: The Declaration Of Independence

Grade 11: Introduction to Law

 

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