The Most Important Lesson from the Declaration of Independence is its Timing - YouTube

Why Colonial Americans Fought Before Independence: Understanding the Legal Foundation of Revolutionary Resistance

Historical Analysis Reveals Constitutional Principles That Justified Armed Resistance Over a Year Before Declaration

As America celebrates the 249th anniversary of the Declaration of Independence this July 4th, 2025, leading up to next year's monumental 250th anniversary, historians are examining a compelling question that challenges conventional understanding of the Revolutionary War's timeline: How could American colonists justify taking up arms against the British Crown for over a year before formally declaring independence?

The answer lies in a sophisticated legal and theological doctrine known as the "doctrine of the lesser magistrate" — a principle that provided the constitutional and moral foundation for colonial resistance long before July 4, 1776.

The Timeline That Puzzles Historians

The chronology presents an apparent contradiction. The Battles of Lexington and Concord occurred on April 19, 1775, marking the first armed confrontations of the Revolutionary War. Just two months later, on June 14, 1775, the Continental Congress established the Continental Army, appointing George Washington as its commander-in-chief. Yet the Declaration of Independence wouldn't be signed until July 4, 1776 — over fourteen months later.

"The American colonists were engaged in serious, organized military resistance while still proclaiming themselves to be English citizens," explains constitutional historian Dr. Matthew Trewhella, author of "The Doctrine of the Lesser Magistrates." This included major engagements like the Battle of Bunker Hill on June 17, 1775, where colonial forces demonstrated their willingness to fight "not just in the middle of the night, not just hiding behind trees, but they will fight to the very last man on Breed's Hill as a delaying action."

Three Pillars of Legal Resistance

Colonial leaders justified their armed resistance through three interconnected principles that predated the Declaration of Independence by centuries:

1. The Doctrine of the Lesser Magistrate

This foundational principle, rooted in biblical and legal tradition, held that when higher authorities violate the law, lower-ranking officials have both the right and duty to resist. The concept traces back to the Magna Carta of 1215, when English barons forced King John to submit to the rule of law.

"The doctrine of the lesser magistrate declares that when the superior or higher civil authority makes unjust/immoral laws or decrees, the lesser or lower ranking civil authority has both a right and a duty to refuse obedience to that superior authority," according to contemporary scholarly analysis.

This principle gained particular prominence during the English Civil War of the 1640s, when Parliament resisted King Charles I's attempts to place himself above the law, ultimately leading to his execution in 1649. The concept was again applied during the Glorious Revolution of 1688, when Parliament successfully removed James II from power.

2. Pre-Westphalian Understanding of Sovereignty

The colonists operated under a pre-1648 understanding of nationhood that differed significantly from European developments. While the Peace of Westphalia (1648) established the principle that governments own nations, American colonists maintained the older view that nations belong to their people.

This Westphalian system, as modern scholars term it, "created this assumption that a nation doesn't have a government. A government has a nation. The government is the nation," fundamentally shifting authority from people to state apparatus. The American colonists rejected this concept, instead believing that legitimate authority flows from "we the people."

3. God-Given (Unalienable) Rights

The colonists believed in inherent, unremovable rights that existed independent of government recognition. These rights, later enshrined in the Declaration as "unalienable rights," provided the moral foundation for resistance.

"The people could do these things, make laws, govern themselves, restrain governments because God gives the rights," the historical analysis explains. "These rights that were being denied them by the British government did not require the formation of a new government or the permission of a new government to protect."

Historical Precedent: The New England Confederation

The colonists' belief in local military authority wasn't theoretical. The Articles of Confederation of the United Colonies of New England, signed May 19, 1643, demonstrated practical application of these principles. This compact between Massachusetts, Plymouth, Connecticut, and New Haven established that local jurisdictions could "jointly and severally hereby enter into a firm and perpetual league of friendship and amity for offense and defense."

The 1643 confederation proved that smaller political entities could legitimately form military alliances and declare war — a precedent that would influence colonial thinking 130 years later.

The Legal Standing of Colonial Resistance

Under English common law, colonial resistance had legitimate legal foundation even before independence. The colonists viewed themselves as defending ancient English liberties guaranteed by:

• The Magna Carta (1215)
• The English Bill of Rights (1689)
• Colonial charters and covenants
• Established common law principles

"They were very comfortable and comfortable is the right word in this case to do this under existing British common law before the declaration was signed," according to historical analysis. The resistance wasn't rebellion against legitimate authority but defense of established legal rights.

Why Independence Became Necessary

While armed resistance was legally justifiable under existing law, formal independence became necessary for practical reasons:

• International relations: A new nation was needed to form alliances and gain foreign recognition
• Clear legal standing: Formal independence drew "a much clearer line in the sand" for international law
• Comprehensive governance: Independence allowed for complete restructuring of government to better secure natural rights

Modern Implications for Veterans and Citizens

For American Legion members and veterans who have sworn oaths to defend the Constitution, understanding these principles provides crucial context for American governance. The Founding Fathers didn't create entirely new concepts but rather preserved and strengthened existing principles of legitimate resistance to tyranny.

"These three reasons that we just talked about are evergreen," notes the historical analysis. "They're constantly a reason to fight for liberty regardless of the politics."

The doctrine of lesser magistrates reminds modern Americans that constitutional government requires active participation and vigilance at all levels — from local officials to federal representatives. It emphasizes that resistance to tyranny isn't rebellion but rather the highest form of loyalty to constitutional principles.

Conclusion

As America approaches its 250th anniversary, understanding the legal and moral foundations of the Revolutionary War provides important perspective on American governance. The colonists' commitment to constitutional principles over mere political convenience — their willingness to fight for liberty before formal independence — represents the enduring strength of American democratic ideals.

The Revolutionary generation didn't fight primarily for independence from Britain but for the preservation of liberty under law. That distinction matters as much today as it did 249 years ago.

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Sources and Citations:

1. Presidential Proclamations and Official Documents:
   • "250th Anniversary of the Battles of Lexington and Concord." The White House, April 17, 2025. https://www.whitehouse.gov/presidential-actions/2025/04/250th-anniversary-of-the-battles-of-lexington-and-concord/
   • "250th Anniversary of the Founding of the United States Army." The White House, June 2025. https://www.whitehouse.gov/presidential-actions/2025/06/250th-anniversary-of-the-founding-of-the-united-states-army/
2. Historical Sources on Colonial Military Alliances:
   • "The Articles of Confederation of the United Colonies of New England; May 19, 1643." Avalon Project, Yale Law School. https://avalon.law.yale.edu/17th_century/art1613.asp
   • "New England Confederation." Encyclopedia.com. https://www.encyclopedia.com/history/united-states-and-canada/us-history/new-england-confederation
3. Revolutionary War Battles and Timeline:
   • "Battles of Lexington and Concord." Wikipedia, July 2025. https://en.wikipedia.org/wiki/Battles_of_Lexington_and_Concord
   • "The Battle of Bunker Hill." U.S. National Park Service. https://www.nps.gov/articles/000/the-battle-of-bunker-hill.htm
   • "Battle of Bunker Hill." American Battlefield Trust. https://www.battlefields.org/learn/revolutionary-war/battles/bunker-hill
4. Constitutional and Legal History:
   • "Magna Carta and the US Constitution." Online Library of Liberty. https://oll.libertyfund.org/pages/magna-carta-and-the-us-constitution
   • "How Did Magna Carta Influence the U.S. Constitution?" HISTORY, March 5, 2025. https://www.history.com/articles/magna-carta-influence-us-constitution-bill-of-rights
   • "Magna Carta Legacy." National Archives, December 4, 2019. https://www.archives.gov/exhibits/featured-documents/magna-carta/legacy.html
5. Doctrine of Lesser Magistrates:
   • Trewhella, Matthew J. The Doctrine of the Lesser Magistrates: A Proper Resistance to Tyranny and a Repudiation of Unlimited Obedience to Civil Government. CreateSpace Independent Publishing Platform, 2013.
   • "Summary of the Doctrine of the Lesser Magistrates." Singing & Slaying, March 2, 2016. https://singingandslaying.com/2015/07/14/summary-of-the-doctrine-of-the-lesser-magistrates/
6. Westphalian Sovereignty:
   • "Peace of Westphalia." Britannica, July 20, 1998. https://www.britannica.com/event/Peace-of-Westphalia
   • "Westphalian system." Wikipedia, May 24, 2025. https://en.wikipedia.org/wiki/Westphalian_system
   • "The Peace of Westphalia and Sovereignty." Western Civilization. https://courses.lumenlearning.com/atd-herkimer-westerncivilization/chapter/the-peace-of-westphalia-and-sovereignty/
7. 250th Anniversary Commemorations:
   • "America has a major birthday coming up — here's what to expect for the big 2-5-0." NPR, July 2, 2025. https://www.npr.org/2025/07/02/nx-s1-5437962/america-250-declaration-of-independence-anniversary-trump-celebration
   • "Fourth of July marks America's 249th birthday, kickstarting yearlong celebrations ahead of year 250." Deseret News, July 3, 2025. https://www.deseret.com/politics/2025/07/03/america-birthday-250-anniversary-celebrations-july-fourth/

The Most Important Lesson from the Declaration of Independence is its Timing - YouTube