The Constitution Vs. Declaration: A Study In Contradictions

how does the constitution contradict the declaration of independence

The Declaration of Independence, the Constitution, and the Bill of Rights are the three most important documents in American history. They are considered the Charters of Freedom, securing the rights of the American people. The Declaration of Independence, written in 1776, expresses the ideals on which the United States was founded and its reasons for separation from Great Britain. It states that all men are created equal and have unalienable Rights to Life, Liberty and the pursuit of Happiness. The Constitution, drafted in 1787, defines the framework of the US federal government. It implicitly guarantees fundamental freedoms, which are explicitly enumerated in the Bill of Rights. However, the Declaration's promise of equality was only truly vindicated by the 14th Amendment to the Constitution, ratified after the Civil War.

Characteristics Values
Legally binding The Declaration of Independence is not legally binding, whereas the Constitution is
Separation from Great Britain The Declaration of Independence states the reasons for separation from Great Britain
Influence The Declaration of Independence influenced the Constitution
Liberties The Declaration of Independence made promises about liberties, which became legally enforceable when enumerated in the Constitution and the Bill of Rights
Equality The Declaration of Independence states that "all men are created equal", but it took the 14th Amendment to the Constitution to vindicate this

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Legally binding

The Declaration of Independence, the Constitution, and the Bill of Rights are the three most important documents in American history. They are considered instrumental to the founding and philosophy of the United States.

The Declaration of Independence expresses the ideals on which the United States was founded and the reasons for its separation from Great Britain. It is not legally binding, but it is powerful and influential. The document states that "all men are created equal" and that they have the unalienable rights of "Life, Liberty, and the pursuit of Happiness".

On the other hand, the Constitution is a legally binding document that defines the framework of the Federal Government of the United States. It outlines the commitments and consequences that shape the country's future. The 14th Amendment to the Constitution, ratified in 1868 after the Civil War, constitutionally required the federal government and the states to respect the fundamental liberties guaranteed in the Bill of Rights.

While the Declaration of Independence made promises about fundamental liberties, these liberties only became legally enforceable when they were enumerated in the Constitution and the Bill of Rights. The Bill of Rights, proposed by Congress in 1789, defines the rights of citizens and states in relation to the government.

The Declaration, the Constitution, and the Bill of Rights are often viewed as fused together in the minds of Americans because they represent the liberty and equality that are fundamental to the nation's identity. The liberties and ideals outlined in the Declaration of Independence were later embodied in the 13th, 14th, and 15th Amendments to the Constitution, which formally ended slavery, guaranteed equal protection under the law, and granted African-American men the right to vote.

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Equality

The Declaration of Independence, the Constitution, and the Bill of Rights are considered the three most important documents in American history. They are symbols of the liberty and equality that define the American identity.

The Declaration of Independence states that "all men are created equal" and that they are "endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." This statement, written by Thomas Jefferson, was originally intended to mean that the American colonists had the same rights of self-government as other peoples and could therefore declare independence and assume a "separate and equal station" among the nations of the world.

However, in the decades following the American Revolutionary War, the interpretation of this statement evolved. Americans began to understand "all men are created equal" as a promise of individual equality, which could be claimed by every member of society, including those from deprived groups. This evolving interpretation has continued to expand with each generation, influencing the ongoing quest for equality in America.

While the Declaration of Independence made promises about fundamental liberties, these liberties did not become legally enforceable until they were enumerated in the Constitution and the Bill of Rights. The Reconstruction Amendments of 1865-1870, including the 14th Amendment, further broadened the definition of equality in the constitutional order. These amendments provided a basis for challenging racial inequalities within the states, marking a significant step towards fulfilling the original vision of equality espoused in the Declaration of Independence.

Despite the shared goal of equality, some contradictions and tensions exist between the Declaration of Independence and the Constitution. The Declaration, with its emphasis on individual equality, sets a high ideal that the Constitution strives to realize through legal and political means. However, the process of translating these ideals into concrete policies and practices has been complex and fraught with challenges, particularly in addressing issues of racial equality and the legacy of slavery.

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Separation from Great Britain

The Declaration of Independence, the Constitution, and the Bill of Rights are the three most important documents in American history. They are the Charters of Freedom, securing the rights of the American people and embodying the philosophy of the United States.

The Declaration of Independence expresses the ideals on which the United States was founded and the reasons for its separation from Great Britain. It states that "all men are created equal" and endowed with "unalienable Rights," including "Life, Liberty and the pursuit of Happiness." It asserts that the American colonies are "Free and Independent States", no longer under the jurisdiction of the British Crown, and that they have the right to "levy War, conclude Peace, contract Alliances, [and] establish Commerce."

The Declaration of Independence is not legally binding, but it inspired the Constitution and the Bill of Rights, which enumerated and gave legal force to the liberties it proclaimed. The Constitution defines the framework of the Federal Government of the United States, while the Bill of Rights outlines citizens' and states' rights in relation to that government.

The process of separating from Great Britain was not an easy one. When the Second Continental Congress convened in Philadelphia in 1775, the delegates were undecided about passing a resolution to separate from Great Britain. A committee was formed, including John Adams, Benjamin Franklin, and Roger Sherman, to articulate the reasons for breaking away. The Declaration of Independence was drafted and adopted in 1776, marking a pivotal moment in American history and the birth of the Republic.

The Declaration's vision was later embodied in the 13th, 14th, and 15th Amendments to the Constitution, which formally ended slavery, guaranteed equal protection under the law, and granted African-American men the right to vote. The Civil War and the 14th Amendment also played a role in vindicating the Declaration's promise of equality and liberty for all.

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Federal government

The Declaration of Independence and the Constitution are two of the foundational texts of the United States government and legal system. The Declaration of Independence, written in 1776, states the principles on which the US government and identity are based. It is not legally binding, but it is powerful and influential. The Constitution, written in 1787, defines the framework of the Federal Government of the United States. It is a legally binding document that outlines the commitments and responsibilities of the federal government.

One contradiction between the Declaration of Independence and the Constitution lies in their respective stances on slavery. The Declaration of Independence states that "all men are created equal" and endowed with certain unalienable rights, including life, liberty, and the pursuit of happiness. However, the original Constitution recognised the legal status of slavery within the states and made the federal government partially responsible for upholding it. This contradiction has been described as implicating the Constitution in establishing "a slaveholders' republic" that protected slavery in complex ways until 1861.

Another contradiction between the two documents relates to the role and power of the federal government. The Declaration of Independence, influenced by the ideals of the American Revolution, emphasised the importance of individual liberties and sought to prevent a powerful central government that could infringe on these liberties. This is reflected in the Articles of Confederation, the first governing document of the US, which established a weak union to avoid a powerful federal government that could threaten rights and private property.

However, the Constitution took a different approach by creating a stronger, more centralised federal government. Supporters of a stronger central government, like James Madison, believed that a weak government under the Articles of Confederation was unable to effectively address economic populism and other issues facing the states. As a result, the Constitution established a more powerful federal government with broader authority, including the ability to regulate interstate commerce and manage the national economy.

In conclusion, while both the Declaration of Independence and the Constitution are founded on the idea of protecting fundamental rights, they contradict each other in terms of their stances on slavery and the role of the federal government. The Declaration of Independence prioritised individual liberties and sought to limit the power of the central government, while the Constitution established a stronger federal government with broader responsibilities, including the unfortunate role of upholding slavery within the states.

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Citizens' rights

The Declaration of Independence, the Constitution, and the Bill of Rights are three of the most important documents in American history. They are often viewed as fused together in the minds of Americans, as they represent liberty and equality under the law. However, there are contradictions between the Declaration of Independence and the Constitution, particularly when it comes to citizens' rights.

The Declaration of Independence, written by Thomas Jefferson, served as a formal explanation of Congress's vote to declare independence from Great Britain and the American colonies' separation from the British Empire. It stressed two main themes: individual rights and the right of revolution. The right of revolution gave Americans the right to establish new governments within each state and assume their "separate and equal station" with other nations. This was a collective right, indicating that American colonists, as a people, had the same rights of self-government as other nations, and could therefore declare independence.

While the Declaration of Independence alluded to fundamental freedoms, it was the Constitution that defined the basic rights of citizens. The Constitution is the fundamental law of the US federal system and outlines the principal organs of government and their jurisdictions. The Bill of Rights, consisting of the first ten amendments to the Constitution, protects the rights of all citizens, residents, and visitors in American territory. It includes freedoms such as freedom of speech, freedom of religion, the right to keep and bear arms, freedom of assembly, and freedom to petition.

One of the main contradictions between the Declaration of Independence and the Constitution lies in their treatment of slavery. The Declaration's statement that "all men are created equal" has been interpreted as a promise of individual equality. However, the Constitution, through various compromises, recognised the legal status of slavery and made the federal government partially responsible for upholding it. This contradiction led to a "slaveholders' republic", where slavery was protected in complex ways.

In conclusion, while the Declaration of Independence laid the foundation for citizens' rights and freedoms, it was the Constitution that defined and enumerated these rights. The Constitution, through its recognition of slavery, contradicted the Declaration's promise of equality and individual rights, leading to ongoing struggles for equal rights for all citizens.

Frequently asked questions

The main contradiction is that the Declaration of Independence states that "all men are created equal", but it took the 14th Amendment to the Constitution, ratified in 1868 after the Civil War, to legally enforce this.

The Declaration of Independence made certain promises about which liberties were fundamental and inherent, but these liberties only became legally enforceable when they were enumerated in the Constitution and the Bill of Rights.

The three documents are considered the most important in American history, and are fused together in the minds of Americans as they represent what is best about America. They are symbols of the liberty and equality that ensure that all Americans are equal in the eyes of the law.

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