Exploring Us Founding Documents: Differences And Distinct Purposes

The Declaration of Independence and the Constitution are both important documents that laid the foundation for the birth of America. Despite being written just 11 years apart, there are several differences between the two. The Declaration of Independence, finalised on 4 July 1776, states that the United States of America is a country independent of England and includes a list of grievances against the King of England. On the other hand, the Constitution formed the federal government and set the laws of the land. While the Constitution is legally binding, the Declaration of Independence is not, despite being a powerful statement of principles that has inspired people worldwide to fight for freedom and equality.

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Legally binding

The United States Constitution and the Declaration of Independence are two distinct documents that played pivotal roles in establishing the nation's independence and governmental structure. While both are foundational texts in American history, they differ significantly in terms of their legal status, content, and purpose.

In terms of legal binding, the Constitution is recognised as the supreme law of the land in the United States. It outlines the framework and functioning of the federal government, delineates the powers of the three branches of government, and guarantees fundamental rights and liberties. The Constitution is amendable, with the original document undergoing 12 amendments, reflecting the evolving nature of American society and governance.

On the other hand, the Declaration of Independence is not legally binding in the same way as the Constitution. It is a statement of colonial unity, a proclamation of their independence from Great Britain, and an assertion of their right to govern themselves. The Declaration outlines the reasons for their separation from British rule, including a list of grievances against the King of England. While it is not a source of law in the traditional sense, the Declaration has been invoked in legal contexts, such as in the case of Shanks v Dupont, where it was referenced to understand the timing and effectiveness of the declaration of independence.

The Declaration of Independence was finalised on July 4, 1776, and signed by representatives from the 13 colonies on August 2, 1776. Thomas Jefferson, who would later become the third President of the United States, was the principal drafter of the Declaration. The Constitution, on the other hand, was written during the Constitutional Convention from May 25 to September 17, 1787. James Madison, the fourth President, is considered the "Father of the Constitution".

Despite their differences, the two documents share similarities. Both begin with powerful statements reflecting their respective purposes. The Declaration of Independence asserts that ""all men are created equal" and possess unalienable rights, including "Life, Liberty and the pursuit of Happiness". The Constitution, meanwhile, opens with "We the people of the United States of America", emphasising the idea of a government "of the people, for the people, and by the people".

In summary, while the Constitution is the legally binding document that forms the basis of the US federal government and its laws, the Declaration of Independence serves as the nation's birth certificate, proclaiming their sovereignty and outlining the ideals upon which the new nation was founded.

Authors and signatories

The Declaration of Independence, finalised on July 4, 1776, was primarily signed by 56 delegates on August 2 of the same year. The signatories included future presidents Thomas Jefferson, John Adams, and John Hancock, whose flamboyant signature became iconic. Benjamin Franklin, aged 70, was the oldest signer, while Edward Rutledge, aged 26, was the youngest.

The US Constitution, on the other hand, was written during the Constitutional Convention from May 25 to September 17, 1787. Of the 55 delegates who attended the sessions, only 39 signed the Constitution. James Madison, considered the "Father of the Constitution", went on to become the fourth president of the United States. George Read signed the Constitution on behalf of John Dickinson, who was unable to sign due to illness.

Despite the two documents being written just 11 years apart, only six men—George Clymer, Benjamin Franklin, Robert Morris, George Read, Roger Sherman, and James Wilson—signed both. Thomas Jefferson, the principal drafter of the Declaration of Independence, did not contribute to the writing of the Constitution as he was serving as the American Minister to France at the time.

Date of creation

The United States Declaration of Independence and the US Constitution are two distinct documents that were created at different times. The Declaration of Independence was finalised and adopted by the Continental Congress on July 4, 1776, and was signed by representatives from all 13 colonies in August 1776. The creation of the Declaration of Independence was a significant event in American history, marking the moment when the 13 American colonies officially severed their political connections with Great Britain and established themselves as an independent nation.

The US Constitution, on the other hand, was written and adopted later. The Constitutional Convention took place from May 25 to September 17, 1787, and during this period, the Constitution was drafted. The Constitution came into force in 1788, superseding the Articles of Confederation, which had served as the nation's first constitution.

It is worth noting that while the Declaration of Independence was signed by 56 individuals, the Constitution had 39 signatories. This discrepancy in the number of signatures is partly due to the timing of their creation. The 11-year gap between the two documents meant that only six individuals signed both: George Clymer, Benjamin Franklin, Robert Morris, George Read, Roger Sherman, and James Wilson.

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Number of amendments

The US Constitution and the Declaration of Independence are two important documents that laid the foundation for the birth of America. The Declaration of Independence, finalised on July 4, 1776, states that the United States of America is a country independent of England and includes a list of grievances against the King of England. On the other hand, the US Constitution formed the federal government and set the laws of the land.

The US Constitution has undergone several amendments over the years, with 27 amendments recognised to date. The first ten amendments, proposed in 1789, are known as the Bill of Rights and were ratified on December 15, 1791. These amendments guarantee certain fundamental rights and freedoms, including freedom of religion, speech, and the press, the right to peaceably assemble, and the right to keep and bear arms.

The process of amending the Constitution is a rigorous one, requiring the approval of three-fourths of the state legislatures or state conventions, highlighting the importance placed on these changes.

In contrast, the Declaration of Independence has not undergone any amendments. It remains a historic document that symbolises the birth of the nation and its independence.

The differences in the number of amendments reflect the distinct purposes and roles of the two documents. The Constitution is a living document that can be modified to adapt to the changing needs and values of American society, whereas the Declaration of Independence serves as a foundational statement of the nation's independence.

Purpose

The Declaration of Independence and the Constitution are two of the most important documents in American history, but they serve different purposes. The Declaration of Independence, finalised and signed in 1776, states that the United States of America is a country independent of England and includes a list of grievances against the English king. It also sets out the principles on which the American government and identity are based, including the belief that "all men are created equal" and have "unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness".

The Constitution, on the other hand, formed the federal government and set the laws of the land. It was written during the Constitutional Convention in 1787, 11 years after the Declaration of Independence. The Constitution is legally binding, unlike the Declaration of Independence, and has been amended several times. It begins with the words "We the people of the United States of America", reflecting the idea that the government is "of the people, for the people, and by the people".

Thomas Jefferson, who went on to become the third President of the United States, was the principal drafter of the Declaration of Independence. James Madison, the "Father of the Constitution", served as the fourth President. Interestingly, Jefferson was not involved in writing the Constitution, as he was serving as the American Minister to France at the time.

Both documents are honoured and displayed side by side at the National Archives in Washington. However, while the Constitution is universally understood to be the law of the land, the Declaration of Independence is not legally binding. This distinction is important, as it highlights the different purposes and functions of these foundational documents in shaping the nation's government and legal system.

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