Published online by Cambridge University Press: 21 May 2026
We are sometimes told that the Declaration is an airy statement about individual rights, whereas the Constitution does the hard work of structuring a government. This Part argues that the Declaration is primarily concerned, not with individual rights, but with the structure of government. That is, how do we structure a government so that our rights are most reliably protected? And the answer is not as little government as possible, but a competently structured government, subject to the rule of law, that works for the benefit of the people.
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