Eleanor Finch
The Declaration of Independence and the Constitution are two of the most important documents in American history, but they are not the same thing. Both documents were written just 11 years apart and are founding documents of the United States. Despite their proximity in time and shared location in the National Archives, they serve different purposes and are understood differently. While the Constitution is universally understood to be law, the Declaration of Independence is not.
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What You'll Learn
The number of signatures
The United States Constitution and the Declaration of Independence are two different documents, drafted and signed eleven years apart. The Declaration of Independence, finalised on July 4, 1776, was signed by 56 delegates representing the Thirteen Colonies, or Thirteen States. The Constitution, on the other hand, was signed by 39 delegates, representing 12 of the 13 states (Rhode Island did not send delegates).
The signing of the Declaration of Independence occurred primarily on August 2, 1776, at the Pennsylvania State House, later renamed Independence Hall, in Philadelphia. The 56 delegates to the Second Continental Congress represented the Thirteen Colonies, and 12 of the colonies voted to approve the Declaration on July 4, 1776. The New York delegation abstained as they had not received instructions from Albany to vote for independence.
The signatures on the Declaration of Independence are grouped by state, with the exception of John Hancock, the President of the Continental Congress. The states are arranged geographically from south to north, with Button Gwinnett from Georgia signing first, and Matthew Thornton from New Hampshire signing last. The large and flamboyant signature of John Hancock became iconic, and "John Hancock" emerged as an informal synonym for "signature" in the United States. Future presidents Thomas Jefferson and John Adams were among the signatories, and Benjamin Franklin, at 70 years old, was the oldest signer.
The signing of the United States Constitution occurred on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania. The 39 delegates to the Constitutional Convention represented 12 states. George Washington, as president of the Convention, signed first, and the remaining delegates followed, grouped by states in progression from north to south. Jonathan Dayton, aged 26, was the youngest to sign the Constitution, and Benjamin Franklin, aged 81, was the oldest. Franklin was also the first signer to pass away, in April 1790.
Despite the two documents being written just 11 years apart, only six men signed both: George Clymer, Benjamin Franklin, Robert Morris, George Read, Roger Sherman, and James Wilson. Thomas Jefferson, who was the principal drafter of the Declaration of Independence and went on to become the third president of the United States, was not involved in writing the Constitution. At the time, he was serving as the American Minister to France.
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The authors
The Declaration of Independence and the Constitution are two different documents that were written to serve different purposes. The Declaration of Independence was written in 1776, while the Constitution was written in 1787.
The Declaration of Independence was drafted by Thomas Jefferson, who went on to serve as the third president of the United States. Jefferson was part of a committee of five that included John Adams, Benjamin Franklin, Robert Livingston, and Roger Sherman. The committee was tasked with drafting a formal statement justifying the 13 North American colonies' break with Great Britain. Jefferson wrote the first draft, which was then edited by the other committee members and later by the entire Congress. The Declaration of Independence was finalised on July 4, 1776, and was signed by 56 members of Congress.
On the other hand, the Constitution was the product of a group effort by the delegates who attended the Constitutional Convention in 1787. James Madison, often referred to as the "Father of the Constitution", was a driving force behind the convention and the drafting of the document. His Virginia Plan, which called for a strong central government, served as the foundation for the Constitution. Alexander Hamilton, who represented New York at the convention, was a passionate advocate for a strong federal government and a key author of "The Federalist Papers". Benjamin Franklin, at 81 years old, was the oldest delegate at the convention and contributed his wisdom and diplomacy to the process. Other important contributors to the Constitution include Thomas Jefferson, Thomas Paine, and John Adams. George Washington oversaw the Constitutional Convention.
While there is some overlap in the authors of the two documents, only six men—George Clymer, Benjamin Franklin, Robert Morris, George Read, Roger Sherman, and James Wilson—signed both the Declaration of Independence and the Constitution.
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The purpose
The Constitution, on the other hand, was written during the Constitutional Convention from May 25 to September 17, 1787, over a decade after the Declaration. Its purpose was to form the federal government and establish the laws of the new nation. The Constitution has been amended several times since its creation, reflecting the evolving nature of American law and society.
While both documents are foundational texts of the United States, they serve distinct purposes. The Declaration of Independence established the United States as a new country, separate from British rule, while the Constitution outlines the structure and laws of the newly formed government.
The Declaration and the Constitution are often confused, and it is a common misconception that they were drafted and signed by the same people. In reality, only six men signed both documents: George Clymer, Benjamin Franklin, Robert Morris, George Read, Roger Sherman, and James Wilson. Thomas Jefferson, the principal author of the Declaration of Independence, was not involved in writing the Constitution.
The Declaration of Independence is often regarded as a symbolic and historical document, while the Constitution is universally understood to be the supreme law of the land. The Constitution has been amended and interpreted over time, while the Declaration remains unchanged and is not considered to have the same legal status.
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Amendments
The Declaration of Independence and the Constitution are two distinct documents that played pivotal roles in the founding of the United States. While both documents are foundational texts in American history, they serve different purposes and underwent separate processes of creation.
The Declaration of Independence, finalised on July 4, 1776, proclaims the independence of the United States from England and enumerates a list of grievances against the English king. This document was signed by 56 representatives from the 13 colonies, affirming their unity in seeking independence. Thomas Jefferson, who would later become the third President of the United States, was the principal drafter of this declaration.
On the other hand, the Constitution, written during the Constitutional Convention from May 25 to September 17, 1787, established the federal government of the newly independent nation and outlined the laws governing it. James Madison, often regarded as the "Father of the Constitution," went on to become the fourth President of the United States. Notably, the Constitution originally included 12 amendments, setting it apart from the Declaration of Independence, which has never been amended.
Despite the shared significance of the Declaration of Independence and the Constitution in shaping the course of American history, they are not the same document. One of the key distinctions between the two lies in their respective purposes: the Declaration of Independence asserts the nation's sovereignty and independence, while the Constitution establishes the framework for governance and law within the newly independent nation.
Another notable difference between the two documents lies in the number of signatories. The Declaration boasts a higher number of signatures, with 56 representatives endorsing it, compared to the 39 signatures on the Constitution. Furthermore, only six men—George Clymer, Benjamin Franklin, Robert Morris, George Read, Roger Sherman, and James Wilson—signed both documents, underscoring the unique contributions of distinct individuals to each endeavour.
The relationship between the Declaration of Independence and the Constitution has been a subject of legal and academic discourse. Some scholars, like Professor Lee Strang from the University of Toledo College of Law, argue that the Constitution precludes the Declaration from holding any unique legal status in constitutional interpretation. Nevertheless, the principles enshrined in the Declaration have been referenced over the centuries to inform specific interpretations of the Constitution.
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Legal status
The Declaration of Independence and the Constitution are two distinct documents that played pivotal roles in the founding of the United States. However, they differ in their legal status.
The Constitution of the United States is universally recognised as a legal document that outlines the country's federal government and establishes the laws of the land. It is a foundational text that has undergone amendments to adapt to the evolving needs of the nation.
On the other hand, the Declaration of Independence is not universally regarded as a legal document. Instead, it is seen as a symbolic proclamation of the United States' independence from England. The Declaration includes a list of grievances against the King of England and asserts the independence and sovereignty of the newly formed nation.
While the Declaration of Independence holds immense historical and symbolic significance, it is not considered to have the same legal weight as the Constitution. This distinction is evident in how the documents are applied and interpreted. The Constitution serves as the supreme law of the land, providing a framework for governance and the legal system. It outlines the rights and responsibilities of citizens and the structure of the federal government.
In contrast, the Declaration of Independence, while influential, does not carry the same legal force. Its principles have been used as a reference point for interpreting the Constitution, but it does not have a direct role in shaping laws or policies. The Declaration's role in constitutional interpretation is a subject of academic debate, with scholars like Professor Lee Strang arguing that the Constitution itself prevents the Declaration from holding any unique legal status.
In summary, while both documents are foundational to the United States, the Constitution is recognised as the binding legal document that governs the nation, whereas the Declaration of Independence is primarily understood as a symbolic proclamation of independence, lacking the same legal status as the Constitution.
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Frequently asked questions
The Declaration of Independence is one of the founding documents of the United States. It states that the United States of America is a country independent of England and includes a list of grievances against the King of England.
The Declaration of Independence was finalised on July 4, 1776, and signed by representatives from all 13 colonies on August 2, 1776.
Thomas Jefferson was the principal drafter of the Declaration of Independence and went on to become the third President of the United States.
The US Constitution formed the federal government and set the laws of the land. It was written from May 25 to September 17, 1787, at the Constitutional Convention.
James Madison, known as the "Father of the Constitution", was the fourth President of the United States.
