whether the equality clause is independent or qualified by what follows,
it is not necessary to suppose that Thomas Jefferson meant anything
inconsistent with the admitted facts of nature and of history. It is
important to bear in mind that the statesmen of our Revolution were
inaugurating a political and not a social revolution, and that the
gravamen of their protest was against the authority of a distant crown.
Nevertheless, these dogmas, independent of the circumstances in which
they were uttered, have exercised and do exercise a very powerful
influence upon the thinking of mankind on social and political topics,
and are being applied without limitations, and without recognition of the
fact that if they are true, in the sense meant by their originators, they
are not the whole truth. It is to be noticed that rights are mentioned,
but not duties, and that if political rights only are meant, political
duties are not inculcated as of equal moment. It is not announced that
political power is a function to be discharged for the good of the whole
body, and not a mere right to be enjoyed for the advantage of the
possessor; and it is to be noted also that this idea did not enter into
the conception of Rousseau.

The dogma that "government derives its just power from the consent of the
governed" is entirely consonant with the book theories of the eighteenth
century, and needs to be confronted, and practically is confronted, with
the equally good dogma that "governments derive their just power from
conformity with the principles of justice." We are not to imagine, for
instance, that the framers of the Declaration really contemplated the
exclusion from political organization of all higher law than that in the
"consent of the governed," or the application of the theory, let us say,
to a colony composed for the most part of outcasts, murderers, thieves,
and prostitutes, or to such states as today exist in the Orient. The
Declaration was framed for a highly intelligent and virtuous society.