This week, Nick Gillespie sits down at the U.S. Supreme Court with Justice Neil Gorsuch to discuss his new children's book, Heroes of 1776: The Story of the Declaration of Independence, co-authored with Janie Nitze.

Gorsuch and Gillespie examine why the United States is a creedal nation built on shared ideas rather than ethnicity or religion, and why those ideas require constant effort and courage to sustain. They discuss originalism, equal justice under law, the risks of government overreach, and the growing complexity of federal and state regulation.

Finally, Gorsuch considers what it will take for the American experiment to endure another 250 years, from learning history to cultivating the courage needed to defend freedom.

0:00—America's 250th anniversary

3:24—Unsung heroes of 1776

4:43—Why America is not an ethnostate

8:00—Originalism and equal justice under the law

11:29—Is America a libertarian project?

13:33—What constitutes government overreach?

14:31—Does America have too many laws?

21:41—Federal bureaucracies and state legislatures

24:03—Political polarization and the judiciary

30:54—What will allow America to have another 250 years?

34:06—How can younger people cultivate courage?

Producers: Paul Alexander & Natalie Dowzicky

Director of Photography: Kevin Alexander

Audio Mixer: Ian Keyser

Transcript

This transcript has been edited for style and clarity.

Nick Gillespie: This is The Reason Interview with Nick Gillespie. My guest today is Neil Gorsuch, Associate Justice of the United States Supreme Court and co-author with Janie Nitze of the new children's book, Heroes of 1776: The Story of the Declaration of Independence.

Justice Gorsuch, thanks for talking to Reason

Justice Neil Gorsuch: Oh, delighted to be here. Thank you.

Let's start with Heroes of 1776, which is in time for the upcoming 250 anniversary of the signing of the Declaration of Independence. The book is about ordinary men, women, and children doing something totally extraordinary, which is overthrowing a repressive and distant government in the name of freedom and liberty. What's the main lesson that you think America needs to be thinking about as we celebrate our 250th birthday?

Well, I know we're going to have a lot of fireworks, and there are going to be some good barbecues and parades, but I hope maybe we take a moment too to reflect on the gift we've been given and the challenge we face. And what I mean by that is the Declaration of Independence had three great ideas in it. That all of us are equal, that each of us has inalienable rights given to us by God, not government, and that we have the right to rule ourselves.

Our nation is not founded on a religion. It's not based on a common culture even, or heritage. It's based on those ideas. We're a creedal nation. And I hope we take a moment to reflect on that and to recommit ourselves to that. One more thing, one more thing. The courage it takes to defend those ideas. They were not inevitable. And the stories of the men, women, and children in the book, I hope will inspire children to realize the courage it takes to carry those ideas forward in their own time.

Talk a little bit about that lack of inevitability, because the way American history gets done, especially to kids, it's like, "Well, this happened, then this happened, and, of course, here we are." How do you focus on the idea that this wasn't inevitable?

Well, there are a bunch of things in the book we point to. A couple I'll start with. One, those three ideas, we point out what was Europe like at the time. It was monarchies. The notion that all people are created equal? No, there are kings and serfs. The notion that you have rights from God, from your creator? No, everything came from government. And self-rule certainly was a very dangerous proposition in the world of the declaration, right?

You're right. We take it as the air we breathe. Fish in the water don't even realize. But those things were dangerous and inevitable, and they were traitors for declaring them. The British said that Americans had declared for themselves an alienable right to talk nonsense. And we walked through how the vote originally wasn't going to go through unanimously-

So this is at the Continental Congress—

At the Continental Congress—-

—and they're deciding we can be brave, we can kind of fudge it or whatever.

So there was huge debate over it. And you have to remember, only about 40% of colonists actually supported the Patriot cause. Another 20, 30% were Loyalists. And a whole bunch of people were undecided, right? Much as our own age. They were divided, right?

Right.

People were divided. So there was nothing inevitable about it. Absolutely nothing.

And you talk about a couple of people, and maybe you can tell a story or two who actually either changed their vote or were like, "Okay, I'm going to change because this cause makes sense."

There are two fun stories in the book about that. One is Caesar Rodney. So the Delaware delegation was tied. They couldn't vote definitively. So Caesar Rodney was called back from… He was on military service in Delaware. He rode 80 miles through the night in a thunderstorm, suffering cancer of his face. John Adams called him the oddest man he'd ever seen. He could have gone to Britain for a cure, but he was too much of a patriot. He wanted to stick around, and he broke Delaware's tied vote.

Another man, Edward Rutledge, South Carolina. He had voted against independence on July 1st, the first time they voted. When the resolution was first introduced in June, they couldn't agree on whether to even proceed on it. So they tabled it for weeks. They brought it to a vote on July 1st and Rutledge voted against it. And, again, the delegates were divided. He though that night said, "I'd like to take the vote again the next day." And he realized that it was more important that we stand united in whatever decision we made than for his own personal views to prevail. He changed his vote.

When you say we are a creedal nation, it's not the product of a particular religion. A lot of people in contemporary America today say, "No, that's wrong." And, in fact, there's a lot of politicians and a lot of people, influencers or people in the press who say, "No, actually all of the people who signed the declaration were of a very specific kind of ethnic stock." With one exception, we'll get into him in a second, Charles Carroll of Carrollton, who's the only Catholic signer, they're all Protestants. How do you respond to people who say, "You're full of it." It's like they were all Scots, Irish and English, basically. So this is an ethno-state of some meaning.

Well, I would say I'd push back on that. There's no doubt that the Revolution, the Constitution and our country have always had challenges living up to the declaration. I think of the declaration as sort of our mission statement. The Constitution, our how-to manual. But look at the mission statement. The mission statement is all of us are equal, that we all have an inalienable rights, and that we have the right to self-rule. Those ideas are perfect ideas. They exclude no one.

Now, have we had to work on realizing them? We talk about this in the book, of course, but we could point to that mission statement. Lincoln in the Civil War was able to say, "How can you possibly justify slavery when you say all men are created equal?" The women in