1 00:00:15,200 --> 00:00:18,919 Speaker 1: In one sentence, Thomas Jefferson not only laid the foundation 2 00:00:19,040 --> 00:00:22,360 Speaker 1: stone for a new nation, he also set that new nation, 3 00:00:22,480 --> 00:00:25,520 Speaker 1: the United States of America, on a path we still 4 00:00:25,640 --> 00:00:30,280 Speaker 1: follow today. His affirmation in the Declaration of Independence that 5 00:00:30,400 --> 00:00:34,639 Speaker 1: quote all men are created equal and endowed by their 6 00:00:34,680 --> 00:00:39,199 Speaker 1: Creator with certain unalienable rights, may be the most influential 7 00:00:39,240 --> 00:00:43,200 Speaker 1: words ever written this side of the Bible. The US Constitution, 8 00:00:43,400 --> 00:00:46,599 Speaker 1: ratified a little more than a decade later, was guided 9 00:00:46,640 --> 00:00:50,560 Speaker 1: by those words. Subsequent amendments, including the Fourteenth Amendment passed 10 00:00:50,560 --> 00:00:54,600 Speaker 1: after the Civil War, granting quote equal rights under the 11 00:00:54,680 --> 00:00:58,280 Speaker 1: law seem for all their grandeur to be restatements of 12 00:00:58,320 --> 00:01:03,200 Speaker 1: the equality principle and Jefferson's original declaration. Yet, Jefferson is 13 00:01:03,280 --> 00:01:07,880 Speaker 1: controversial today because he embodies the contradictions of the founders. Indeed, 14 00:01:08,200 --> 00:01:10,680 Speaker 1: progressive scholars say he was the worst of them, the 15 00:01:10,720 --> 00:01:14,160 Speaker 1: most hypocritical, because the very man who insisted that all 16 00:01:14,240 --> 00:01:17,880 Speaker 1: men are created equal not only permitted slavery, but himself 17 00:01:18,160 --> 00:01:22,039 Speaker 1: owned slaves. To Jefferson not see the glaring contradiction between 18 00:01:22,040 --> 00:01:26,480 Speaker 1: his principles and his practices, between the principles and practices 19 00:01:26,720 --> 00:01:31,080 Speaker 1: of the infant American nation. According to Chief Justice Roger Tawny, 20 00:01:31,240 --> 00:01:35,160 Speaker 1: who authored the notorious eighteen fifty seven dread Scott decision 21 00:01:35,200 --> 00:01:39,400 Speaker 1: affirming slavery in the territories, neither Jefferson nor the other 22 00:01:39,480 --> 00:01:43,360 Speaker 1: founders could have seriously meant that all men are created equal. 23 00:01:43,400 --> 00:01:45,959 Speaker 1: They didn't act on the principle, so they couldn't have 24 00:01:46,440 --> 00:01:50,360 Speaker 1: believed it. Modern progressive jurists such as Thurgood Marshall, as 25 00:01:50,400 --> 00:01:53,800 Speaker 1: well as historians like John Hope Franklin, have, again, with 26 00:01:53,880 --> 00:01:58,520 Speaker 1: an irony that should not go unnoticed, adopted the Tawny view. 27 00:01:58,600 --> 00:02:03,320 Speaker 1: In Franklin's words, the founders quote betrayed the ideals to 28 00:02:03,360 --> 00:02:06,880 Speaker 1: which they gave lip service. They wrote, quote eloquently at 29 00:02:06,880 --> 00:02:09,600 Speaker 1: one moment for the brotherhood of man, and in the 30 00:02:09,639 --> 00:02:14,480 Speaker 1: next moment denied it to their black brothers. No defense 31 00:02:14,520 --> 00:02:18,280 Speaker 1: of Jefferson or the American Founding is possible that agrees 32 00:02:18,400 --> 00:02:22,000 Speaker 1: with this assessment. How then, can Jefferson and the Founding 33 00:02:22,240 --> 00:02:27,040 Speaker 1: itself be vindicated against this most serious charge. For the answer, 34 00:02:27,280 --> 00:02:30,960 Speaker 1: let's look again at the declaration and what comes immediately 35 00:02:31,120 --> 00:02:34,960 Speaker 1: after the statement all men are created equal. That governments 36 00:02:35,040 --> 00:02:39,960 Speaker 1: derived their legitimacy from the quote consent of the governed 37 00:02:40,080 --> 00:02:43,200 Speaker 1: end quote. This is the democracy principle, and it is 38 00:02:43,280 --> 00:02:48,119 Speaker 1: no less important, no less foundational, than the equality principle. 39 00:02:48,120 --> 00:02:51,040 Speaker 1: With this in mind, let's turn to the practical choice 40 00:02:51,080 --> 00:02:54,639 Speaker 1: space by the founders. Progressive say they should have outlawed 41 00:02:54,680 --> 00:02:59,360 Speaker 1: slavery in the original Constitution. Yet slavery was legal in 42 00:02:59,480 --> 00:03:03,440 Speaker 1: all the states that sent representatives to Philadelphia in seventeen 43 00:03:03,520 --> 00:03:08,760 Speaker 1: eighty nine. How could these representatives outlaw slavery without the 44 00:03:08,800 --> 00:03:12,680 Speaker 1: consent of the people in their states. Were they expected 45 00:03:12,720 --> 00:03:16,239 Speaker 1: to do so by overriding popular consent. In that case, 46 00:03:16,560 --> 00:03:20,600 Speaker 1: they would be overthrowing democracy itself before it was even 47 00:03:20,639 --> 00:03:25,040 Speaker 1: introduced as the bedrock of the new constitution. Furthermore, as 48 00:03:25,080 --> 00:03:28,200 Speaker 1: everyone in Philadelphia knew at the time, many states would 49 00:03:28,360 --> 00:03:32,600 Speaker 1: not have joined a union that forbad slavery at the outset. 50 00:03:32,639 --> 00:03:35,160 Speaker 1: Perhaps a few would have done so, but no more. 51 00:03:35,360 --> 00:03:38,760 Speaker 1: Had those who opposed slavery held firm on the issue, 52 00:03:38,880 --> 00:03:41,680 Speaker 1: the union would have consisted of a handful of states, 53 00:03:41,760 --> 00:03:44,760 Speaker 1: or it would have remained a utopian idea affirm by 54 00:03:44,760 --> 00:03:47,400 Speaker 1: a group of high minded founders. But they would be 55 00:03:47,480 --> 00:03:53,080 Speaker 1: founders of nothing. As Jefferson himself said about the slavery issue, quote, 56 00:03:53,360 --> 00:03:56,480 Speaker 1: we have the wolf by the ear, and we can 57 00:03:56,600 --> 00:04:00,240 Speaker 1: neither hold him nor safely let him go. It is 58 00:04:00,280 --> 00:04:03,920 Speaker 1: not reasonable, in fact, it is downright obtuse to ask 59 00:04:03,960 --> 00:04:08,200 Speaker 1: of statesmen to do what they manifestly cannot do. It 60 00:04:08,280 --> 00:04:11,080 Speaker 1: is only reasonable to ask them to make the best 61 00:04:11,200 --> 00:04:15,280 Speaker 1: choices available to them, under the circumstances, to hold the wolf, 62 00:04:15,280 --> 00:04:19,880 Speaker 1: in Jefferson's own terms, until he can safely be let go. 63 00:04:20,040 --> 00:04:24,000 Speaker 1: In Abraham Lincoln's view, the American Founders did just that. 64 00:04:24,480 --> 00:04:29,200 Speaker 1: They temporarily allowed slavery in practice while constructing a framework 65 00:04:29,240 --> 00:04:33,960 Speaker 1: based on anti slavery principles and Lincoln's words. The founders 66 00:04:34,040 --> 00:04:38,680 Speaker 1: quote declared the right so that enforcement of it might 67 00:04:38,760 --> 00:04:43,760 Speaker 1: follow as fast as circumstances would permit. Lincoln's interpretation of 68 00:04:43,839 --> 00:04:46,960 Speaker 1: Jefferson and the Founding was echoed by runaway slave and 69 00:04:47,080 --> 00:04:53,120 Speaker 1: brilliant abolitionist leader Frederick Douglas. Slavery, Douglas said, was merely 70 00:04:53,440 --> 00:04:58,600 Speaker 1: the scaffolding for the new Constitution, allowed provisionally by Jefferson 71 00:04:58,600 --> 00:05:01,480 Speaker 1: and the other Founders, but with the clear objective that 72 00:05:01,520 --> 00:05:05,080 Speaker 1: it would be taken down once the edifice no longer 73 00:05:05,400 --> 00:05:09,159 Speaker 1: needed it. Martin Luther King echoed these same sentiments in 74 00:05:09,200 --> 00:05:13,080 Speaker 1: his famous I Have a Dream speech. That Jefferson didn't 75 00:05:13,120 --> 00:05:16,000 Speaker 1: live up to his highest values is not in dispute, 76 00:05:16,040 --> 00:05:20,320 Speaker 1: but to deny his greatness and his indispensable role in 77 00:05:20,400 --> 00:05:24,440 Speaker 1: the creation of the nation is both narrow minded and foolish. 78 00:05:24,480 --> 00:05:29,360 Speaker 1: His declaration undergirded the Civil War and the Civil rights movement, 79 00:05:29,400 --> 00:05:32,480 Speaker 1: and to this day it remains the anchor of our 80 00:05:32,560 --> 00:05:37,280 Speaker 1: rights and our democracy. Lincoln, Douglas, and King all understood 81 00:05:37,640 --> 00:05:41,760 Speaker 1: that Jefferson created the pathway for America to become a 82 00:05:41,760 --> 00:05:44,840 Speaker 1: better country than it was at the start, a country 83 00:05:44,880 --> 00:05:48,000 Speaker 1: in which the glorious idea that all men are created 84 00:05:48,080 --> 00:05:53,400 Speaker 1: equal is closer to reality than anywhere else in the world. 85 00:06:00,960 --> 00:06:01,000 Speaker 1: He