Omar Bennett
The Declaration of Independence, the Constitution, and the Bill of Rights are three of the most important documents in American history. They are considered the Charters of Freedom, securing the rights of the American people and forming the foundation of the United States. While the Declaration of Independence expresses the ideals on which the nation was founded and its separation from Great Britain, the Constitution establishes the framework of the Federal Government and the Bill of Rights defines citizens' and states' rights in relation to the government. Understanding these documents can be challenging due to their complex and antiquated legal language. To address this, Paul B. Skousen, an author and instructor on the United States Constitution, has written a step-by-step guide, How to Read the Constitution and the Declaration of Independence, which aims to help readers comprehend the content and significance of these foundational texts.
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What You'll Learn
The historical context of the Declaration of Independence
The Declaration of Independence, the founding document of the United States, was approved by the Continental Congress on July 4, 1776, and announced the separation of 13 North American British colonies from Great Britain. The Declaration was designed for multiple audiences: the King, the colonists, and the world. It was also designed to multitask and had multiple goals, including rallying the troops, winning foreign allies, and announcing the creation of a new country.
The Declaration of Independence was written by Thomas Jefferson and signed by 56 delegates, with John Hancock, the President of the Second Continental Congress, signing first and notably large. All of the signers risked their lives when they signed the Declaration. The document was a formal declaration of independence, ending with the words: "...we mutually pledge to each other our Lives, our Fortunes and our sacred Honor."
The Declaration of Independence was influenced by the Virginia Declaration of Rights, which later provided the foundation for the Bill of Rights. It was also influenced by the American Revolution, which proceeded during 1775-76, and Britain's attempts to assert its sovereignty through large armed forces. By the time the Declaration of Independence was adopted in July 1776, the Thirteen Colonies and the Kingdom of Great Britain had been at war for over a year.
The Declaration of Independence has had a significant impact, not only on the course of world history and the growth of democracy but also on inspiring people around the world to fight for freedom and equality. It has become one of the most circulated, reprinted, and influential documents in history.
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The legal language of the Constitution
The Constitution of the United States is a complex document that has sparked numerous debates about its interpretation. Scholars like John O. McGinnis and Michael B. Rappaport have delved into the legal language of the Constitution, exploring whether it is written in ordinary language or the language of the law.
The perspective that the Constitution is written in ordinary language suggests that it is accessible to anyone proficient in the English language. However, the alternative view, supported by McGinnis and Rappaport, argues that the Constitution is written in the language of the law, akin to other documents with legal force. This interpretation has significant implications for how the Constitution is understood and interpreted.
Additionally, the Constitution's text engages with legal interpretive rules. It blocks the operation of certain interpretive rules while calling for the application of others. This dynamic demonstrates a nuanced understanding of legal principles and their application. Furthermore, the early Republic's judges and legislators frequently relied on legal interpretive rules to resolve contested issues, further reinforcing the Constitution's legal framework.
In conclusion, the legal language of the Constitution is a critical aspect of its interpretation and understanding. The use of technical legal terms and engagement with legal interpretive rules suggest that the Constitution is written in the language of the law, shaping how its provisions are interpreted and applied.
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The Bill of Rights
- First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
- Second Amendment: A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
- Third Amendment: No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
The remaining amendments in the Bill of Rights include the Fourth Amendment, which safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant, and the Sixth Amendment, which provides additional protections to people accused of crimes, such as the right to a speedy and public trial, and the right to be represented by a lawyer.
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The separation from Great Britain
The Declaration of Independence, formally The unanimous Declaration of the Thirteen United States of America, is the founding document of the United States. Unlike other founding documents, it is not legally binding but is powerful in stating the principles on which the US government and identity are based.
The Declaration was written to explain why the Thirteen Colonies regarded themselves as independent sovereign states no longer subject to British colonial rule. It was a formal explanation of why the Continental Congress voted to declare independence from the Kingdom of Great Britain. The Colonies had been at war with Great Britain for over a year by the time the Declaration was adopted in July 1776.
The Second Continental Congress appointed a Committee of Five—John Adams, Benjamin Franklin, Thomas Jefferson, Robert R. Livingston, and Roger Sherman—who were charged with authoring the Declaration. Thomas Jefferson wrote the original draft in isolation between June 11 and June 28, 1776.
The Declaration was influenced by the Virginia Declaration of Rights, which later provided the foundation for the US Bill of Rights. It also contains the famous line: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
The Declaration of Independence was first engraved in 1823 by printer William J. Stone, who was commissioned by Secretary of State John Quincy Adams. This engraving is the most frequently reproduced version of the Declaration.
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The impact on modern life
The Declaration of Independence and the Constitution have had a profound and lasting impact on modern life in the United States and beyond. These documents are considered the foundation of American democracy and the philosophy of the nation. They continue to shape the political, social, and legal landscape of the country, influencing how Americans understand their rights and freedoms.
The Declaration of Independence, with its assertion that "all men are created equal" and endowed with certain "unalienable Rights," including "Life, Liberty and the pursuit of Happiness," has become a cornerstone of American identity and a guiding principle for the nation. It expresses the ideals and values on which the United States was founded and justifies its separation from Great Britain. The Declaration has also had international influence, inspiring similar declarations and constitutions worldwide, including the French Declaration of the Rights of Man and the Citizen and the Russian Decembrist revolt.
The Constitution, on the other hand, defines the framework of the US federal government and the rights of citizens and states in relation to that government. It is a living document that continues to be interpreted and reinterpreted, with the Bill of Rights, the first ten amendments, being particularly significant in safeguarding individual liberties. The Constitution ensures a balance of powers and establishes the rights and responsibilities of the government, providing a blueprint for the American political system that remains in place today.
Together, the Declaration of Independence and the Constitution have empowered Americans to strive for a more perfect union. They have provided a basis for challenging unjust laws and policies and have inspired generations of Americans to pursue freedom, equality, and justice. These documents continue to shape public discourse, legal decisions, and social movements, demonstrating their enduring relevance and impact on modern life in the United States.
Additionally, the Declaration of Independence and the Constitution have influenced how other nations view and structure their governments. They have contributed to a global dialogue on human rights, democracy, and self-governance, with the Declaration, in particular, serving as a model for other nations seeking independence and freedom. The impact of these documents extends beyond the borders of the United States, influencing international relations and the development of democratic ideals worldwide.
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Frequently asked questions
There are several ways to read these documents, including in person at the National Constitution Center, where rare copies are kept. You can also find transcribed versions online. However, the language used in these documents can be challenging to understand, so you may benefit from a guide such as Paul Skousen's book, *How to Read the Constitution and the Declaration of Independence*.
These documents are considered the three most important in American history. They represent the founding principles and philosophy of the United States, expressing the ideals on which the country was founded and outlining the reasons for its separation from Great Britain.
The Declaration of Independence made promises about which liberties were fundamental and inherent, but these liberties only became legally enforceable when they were later enumerated in the Constitution and the Bill of Rights.
The Bill of Rights is the first 10 amendments to the Constitution. It defines the rights of citizens and states in relation to the government.
Thomas Jefferson wrote the Declaration of Independence, although it was also signed by 55 other founders, including John Hancock.
