Constitution And Declaration: Shared Ideals, Different Functions

The Declaration of Independence, the Constitution, and the Bill of Rights are the three most important documents in American history. The Declaration of Independence, which announced the colonies' independence from Great Britain, expressed the founding principles of natural rights and popular self-government based on consent. The Constitution, on the other hand, established the framework for the national government, creating three separate branches with specific powers and securing Americans' natural rights. Despite their differing purposes, a close examination of the two documents reveals a shared set of founding principles of republican government. The Declaration's principles of popular government and consent are reflected in the Constitution, which empowers the central government to preserve liberty for We the People of the United States. Both documents are symbols of liberty and equality, representing the ideals upon which the United States was founded.

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The Constitution empowers the central government to preserve liberty

The Constitution, the Declaration of Independence, and the Bill of Rights are the three most important documents in American history. They are based on the idea that all people have certain fundamental rights that governments are created to protect. The Declaration of Independence made promises about which liberties were fundamental and inherent, but those liberties only became legally enforceable when they were enumerated in the Constitution and the Bill of Rights.

The Constitution was designed to empower the central government to preserve liberty for "We the People of the United States". The Declaration and Bill of Rights reflect a fear of an overly centralized government imposing its will on the people of the states. The Constitution, therefore, serves as a safeguard against overreaching national power that could devolve into tyranny. It is the political balance in self-government to preserve liberty through orderly national government.

The Constitution was also designed to empower the people and protect their civil rights. Federalism, as laid out in the Constitution, preserves and encourages the voices of both majorities and minorities, regardless of race, religion, or region. It accomplishes this when elected leaders uphold the original promise of the government to protect the civil rights and individual liberties of all citizens equally at all levels of government.

The 14th Amendment to the Constitution, ratified in 1868 after the Civil War, vindicated James Madison's hope that the federal government and the states would be constitutionally required to respect the fundamental liberties guaranteed in the Bill of Rights.

The Declaration and Constitution share a common set of founding principles

The Declaration of Independence and the US Constitution are foundational texts that share a set of common principles. The Declaration announced the colonies' independence from Great Britain and expressed the Founding principles of natural rights and popular self-government based on consent. The Constitution, on the other hand, established the framework for a national government with three separate branches, each with defined powers, and secured Americans' natural rights.

The Declaration and the Constitution were drafted by a congress and a convention that met in the Pennsylvania State House in Philadelphia in 1776 and 1787, respectively. The Declaration was created to persuade delegates to support separation from Great Britain and to articulate the reasons for this separation. It affirmed the republican principle of popular government, with the people as the source of sovereignty and authority in the representative government. The people gave their consent to their elected representatives to govern them, reflecting the ideals of government by consent argued for in the Declaration.

The Constitution was designed to empower the central government to preserve the blessings of liberty for "We the People of the United States." It strengthened the national government and its powers to provide for the common defense, addressing weaknesses in the Articles of Confederation, which had formed the first national government. The Declaration and the Constitution, along with the Bill of Rights, are symbols of liberty and equality, representing what is best about America in the minds of Americans.

The Founding principles contained in both documents guided the governance of the nation and secured the blessings of liberty. For example, the Declaration proclaimed that "all men are created equal" and endowed with certain unalienable rights, including life, liberty, and the pursuit of happiness. It took the 14th Amendment to the Constitution, ratified after the Civil War, to constitutionally require the federal government and states to respect these fundamental liberties guaranteed in the Bill of Rights.

The Declaration of Independence is not legally binding

The Declaration of Independence was created to articulate the reasons for the American colonies' separation from Great Britain. It contains fundamental promises about liberty and equality, such as the famous phrase "all men are created equal." While the Declaration made implicit anti-slavery statements, these liberties did not become legally enforceable until they were enumerated in the Constitution and the Bill of Rights.

The Declaration, the Constitution, and the Bill of Rights reflect a fear of an overly centralized government imposing its will on the people. The Constitution was designed to empower the central government while preserving liberty for "We the People of the United States." In this sense, the three documents are mirror images of each other, representing the liberty and equality that are fundamental to American values.

From a legal theory perspective, the Declaration has been referenced in works such as Lysander Spooner's "The Unconstitutionality of Slavery." Spooner argued that the Declaration could support the argument against the legality of slavery. However, this was an abolitionist argument presented to the public rather than a legal argument in a court of law.

In conclusion, while the Declaration of Independence is not legally binding, it holds significant historical and symbolic value in American history. It laid the foundation for the liberties and equality that would later be enshrined in the Constitution and the Bill of Rights, shaping the country's ongoing quest for freedom and justice.

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The Constitution strengthens the national government

The Constitution also outlines the structure of the federal government, vesting legislative power in a bicameral Congress, composed of the House of Representatives and the Senate. The executive branch, led by the President, can veto laws passed by Congress, appoint federal judges (with the confirmation of the Senate), and prosecute persons for criminal violations (although they are tried by the courts).

The Constitution is intentionally difficult to amend, which prevents sudden shifts in governmental power or the easy removal of citizens' rights. An amendment must pass both houses of Congress with a two-thirds majority and then be ratified by three-quarters of state legislatures. This process ensures stability and continuity in the national government, preventing short-sighted or impulsive changes to the country's foundational document.

The Constitution also protects the personal liberty of citizens from government intrusion. For example, Article I, Sections 9 and 10 prohibit ex post facto laws and bills of attainder. Most protections for individual rights are found in the Bill of Rights, the first ten amendments to the Constitution. These amendments were adopted soon after the Constitution to address concerns about the protection of individual liberties.

In summary, the Constitution strengthens the national government by providing a stable framework for its structure and powers, while also protecting citizens' liberties and preventing impulsive changes to the government's authority.

The Declaration and Constitution were drafted by people of similar backgrounds

The United States Constitution and Declaration of Independence were drafted by people of similar backgrounds. Both documents were written by committees of educated, politically active men with legal backgrounds.

The Declaration of Independence was drafted by the Committee of Five, which included John Adams, Benjamin Franklin, Thomas Jefferson, Robert Livingston, and Roger Sherman. The committee was appointed by the Second Continental Congress on June 11, 1776, and tasked with authoring the Declaration. Thomas Jefferson, a leading proponent of independence, was chosen to write the original draft, which was then edited by the Second Continental Congress. Jefferson wrote the declaration in isolation between June 11 and June 28, 1776, in Philadelphia. The influence of John Locke and Thomas Paine's "Common Sense" is evident in Jefferson's writing. The final copy, presented to the Congress on June 28, 1776, incorporated minor changes suggested by the other committee members.

The Constitution was drafted by a larger group of men, also referred to as delegates or representatives. The drafting process involved several committees, including the Committee of Detail and the Committee of Style and Arrangement. The Committee of Detail included John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania). This committee was responsible for creating a detailed constitution reflective of the resolutions passed by the convention. The Committee of Style and Arrangement, which included Alexander Hamilton, William Samuel Johnson, Rufus King, James Madison, and Gouverneur Morris, distilled the final draft constitution from the approved articles. Gouverneur Morris, who chaired this committee, is credited with coining the famous phrase "We the People."

Both documents were drafted by committees of educated men with legal backgrounds and political experience. The drafters of both documents were also of similar socioeconomic status, as they were all white men who were property owners. The similarities in the backgrounds of the drafters of the Declaration of Independence and the Constitution reflect the consistent values and ideals that underlie both documents.

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