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This chapter explores how the Declaration of Independence was drafted and ratified. Congress created and assigned the task of drafting a declaration of independence to a committee of lawyers. When the draft went to the Congress, lawyers like Edward Rutledge had their chance to weigh in. The draft document and the final version was a legal document designed to place rebellion on a legal foundation. Jefferson later recalled that his draft of the Declaration of Independence merely recombined ideas that had long been discussed, and terminology long adopted, by Congress. The Declaration assumed independence, otherwise it would have had no foundation. Following this logic, as the members did, surely Jefferson among them, the Declaration was simply stating the reasons – a justification like the Declaratory Act of 1766, by which Parliament explained its authority over the colonies – for an event already transpired. The ringing elaboration of the rights of mankind, various borrowings from John Locke, echoes of natural law, and the language of prior resolves and declarations were not really pertinent to a declaration for the independence of a continent, but make sense in the more limited framework of Virginia constitutional change.
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