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Joyce Malcolm: Our Founders were talented men -- and lucky ones too

[Ms. Malcolm teaches legal history at George Mason University School of Law and is the author of several books, including "Stepchild of the Revolution: A Slave Child in Revolutionary America," forthcoming from Yale University Press.]

It's easy now, in a nation awash with complaints about what our Founders did not do, what imperfect humans they seem to 21st century eyes, to overlook how startlingly bold their views and actions were in their own day and are, in fact, even today. Who else in 1776 declared, let alone thought it a self-evident truth, that all men were created equal, entitled to inalienable rights, or to any rights at all? How few declare these views today or, glibly declaring them, really intend to treat their countrymen or others as equal, entitled to life, liberty and the pursuit of happiness?

Certainly not America's 20th century enemies, the Nazis and communists; certainly not today's Islamic radicals, who consider infidels unworthy to live and the faithful bound by an ancient and brutal code of law. We are fortunate that the Founders of our nation were enlightened, generous, jealous of their rights and those of their countrymen, and prepared to risk everything to create a free republic.

Breaking with Britain was a risky and distressing venture; could the American colonies go it alone and survive in a world of great European powers? If not, what better empire than the British? It took a year of fighting before the Continental Congress and the states were prepared to declare independence. "We might have been a free and a great people together," Jefferson sighed.

But if we were angry at British treatment, we were also lucky that Britain was our mother country. The British taught us respect for the rights of individuals, for limited government, for the rule of law and how such values could be realized. "An Englishman is the unfittest person on earth to argue another Englishman into slavery," Edmund Burke insisted, pleading our cause before Parliament in March, 1775....

The union has always been difficult, from the first fears that the 13 separate states would behave as competing countries or bickering groups, through a brutal and painful civil war whose wounds have yet to entirely heal, to a vast, modern land whose residents, taking for granted the blessings bestowed upon them, are deeply divided and quick to vilify each other.

More tragically, some seem to enjoy vilifying America, everything it has been and stands for, seeking and finding fatal shortcomings. Adams and Jefferson were not blind to those shortcomings. "We think ourselves possessed or at least we boast that we are so of Liberty of conscience on all subjects and of the right of free inquiry and private judgment, in all cases and yet," Adams admitted, "how far are we from these exalted privileges in fact." Recent moments of real unity after 9/11, when members of Congress stood together on the steps of the Capitol and sang "God Bless America," have been fleeting....
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