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.

This chapter describes and explains the emergence of majoritarian decision-making in twenty-seven lower colonial assemblies in Ireland, mainland North America, and the Caribbean between 1619 and 1776. It documents the peculiar conditions under which majoritarian politics developed in the colonies while also registering the importance of attempts to imitate parliamentary practices. Colonial lower assemblies were created under conditions fundamentally different from those that prevailed in the Westminster House of Commons. Some were part of corporations and proprietorships, not royal colonies; and some initially admitted all freemen, not simply elected representatives. These factors led to distinctive institutional trajectories. In general and over the long run, these factors appear to have reinforced a tendency for the colonial lower assemblies to be or become majoritarian. By scrutinizing the available evidence, one is left with the overwhelming impression of a total embrace of majoritarian politics before the American Revolution and, in most cases, long before that time. As the colonial lower assemblies of North America became provincial congresses and then state lower assemblies, they predictably continued their majoritarian practices. This pattern continued in the first intercolonial assemblies and in the US House of Representatives.