Omar Bennett
The Declaration of Independence and the Constitution are two of the most important documents in American history. The Declaration of Independence, written in 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. The Constitution, on the other hand, formed the federal government and set the laws of the land. While the Declaration of Independence is a philosophical document that establishes the principles of governance, the Constitution is a legal document that outlines the structure of the federal government and protects the rights of citizens. This paragraph introduces the topic by providing a brief overview of the significance of both documents and sets the stage for further discussion on their relative importance.
| Characteristics | Values |
|---|---|
| Legal standing | The Declaration of Independence is not a legal document, whereas the Constitution is. |
| Purpose | The Declaration of Independence states that the United States is a country independent of England, while the Constitution establishes the laws of the land and the structure of the federal government. |
| Amendments | The Declaration of Independence has not been amended, while the Constitution has been amended 17 times since 1791. |
| Influence | The Declaration of Independence influenced the creation of the Constitution. |
| Gender equality | The Declaration of Independence did not include women in its statement of equality, while the 19th Amendment to the Constitution granted women the right to vote in 1920. |
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What You'll Learn
The philosophical value of the Declaration of Independence
The Declaration of Independence is a document of immense philosophical value. While it is not a legal document and does not hold any governing power, its significance lies in its articulation of the social contract between the people and their government. The Declaration establishes the fundamental principle that governments derive their power from the people, and their role is to protect the rights of the people, rather than exploit them. It recognises the right of the people to overthrow a tyrannical government that fails to uphold their natural rights. This right of revolution is a key tenet of the Declaration, asserting that the people are entitled to "alter and abolish" their government when their natural rights are threatened.
The Declaration also enumerates certain natural rights, including the right to worship God according to one's conscience, the right to life and liberty, and the right to acquire property and pursue happiness. These rights, the Founders believed, were unalienable and existed independently of any government. By outlining these rights, the Declaration provides a philosophical framework for understanding the role of government in protecting individual freedoms.
Furthermore, the Declaration of Independence holds cultural and historical significance. It marks the birth of a new nation, independent of England, and sets forth the ideals and values that underpin the American nation. The Declaration's assertion that "all men are created equal" has become a cornerstone of American democracy and a guiding principle in the ongoing struggle for equality and justice.
The philosophical value of the Declaration is also evident in its influence on subsequent documents, such as the Constitution and the Bill of Rights. The Constitution, which established the federal government and set the laws of the land, can be seen as a fulfilment of the promises made in the Declaration. It outlines the structure of government, with separate executive, legislative, and judicial branches, and guarantees certain freedoms, including freedom of speech, religion, and the press. The Bill of Rights, in turn, further enumerates the rights of the people, ensuring their protection and safeguarding against governmental overreach.
In conclusion, while the Declaration of Independence may not have legal authority, its philosophical value is undeniable. It establishes the social contract between the government and the governed, recognises the right of revolution, and articulates the natural rights inherent to all individuals. The Declaration's influence can be seen in the subsequent development of the American political system, with the Constitution and the Bill of Rights building upon the philosophical foundations laid out in this seminal document.
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The legal power of the Constitution
The Constitution of the United States of America is the document that established a federal government and set the laws of the land. It is considered one of the three most important documents in American history, along with the Declaration of Independence and the Bill of Rights. The Constitution was framed in 1787 and came into effect in March 1789, establishing a republican form of government with separate executive, legislative, and judicial branches.
The Constitution holds the legal power to govern the United States, deriving its authority from the principles laid out in the Declaration of Independence. It is a legal document that outlines the structure and functions of the federal government, while the Declaration of Independence is a philosophical statement of the rights and freedoms of the American people. The Constitution has been amended several times to adapt to the changing needs of the nation, demonstrating its flexibility and durability.
The first ten amendments to the Constitution, known as the Bill of Rights, became part of it in 1791. These amendments guarantee certain fundamental rights and freedoms, including freedom of speech, freedom of the press, freedom of religion, and the right to a trial by jury. The Constitution has been amended seventeen times since 1791, ensuring that it remains relevant and responsive to the needs of a changing society.
The Constitution is a living document that serves as the foundation of the American legal system. It outlines the rights and responsibilities of the federal government, the states, and the people. It establishes the rules and procedures for lawmaking, the administration of justice, and the protection of individual liberties. The Constitution's legal power lies in its ability to provide a framework for governance, ensure the rule of law, and protect the rights and freedoms of the citizens.
The Constitution's legal power extends beyond the text of the document itself. It has been interpreted and reinterpreted over time by the judicial system, particularly by the Supreme Court, which has the authority to review and determine the constitutionality of laws and government actions. The Constitution's flexibility and adaptability have allowed it to endure and remain relevant in a constantly evolving nation.
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The Declaration's influence on the Constitution
The Declaration of Independence and the Constitution of the United States of America are two of the most important documents in the history of the United States. The Declaration of Independence, issued by the Second Continental Congress on July 4, 1776, stated that the thirteen North American colonies were now the thirteen United States of America, free and independent of Great Britain. It also included a list of grievances against the King of England. The Constitution, on the other hand, formed the federal government and set the laws of the land.
The Declaration of Independence is a philosophical document that establishes the principles of governance. It asserts that the government's role is to protect the rights of the people, not exploit them, and that the people have the right to replace a government that becomes tyrannical and no longer protects their rights. This document was not a legal one and did not grant any rights. Instead, it articulated a Lockean-style social contract theory of the origin of government and justified open rebellion against Britain. The Declaration of Independence also recognised the right of revolution, which the Founders believed had to be exercised whenever a government threatened natural rights.
The Constitution, on the other hand, is a legal document that outlines the structure of the federal government and sets out the laws of the land. It is the fulfilment of the promise made in the Declaration of Independence for a representative government. The Constitution established a republican form of government with separate executive, legislative, and judicial branches.
The Constitution was influenced by the Declaration of Independence in several ways. Firstly, the Constitution received its authority and power to govern from the principles established in the Declaration. Secondly, the Declaration's recognition of certain natural and unalienable rights, such as the right to worship God, the right to life and liberty, and the right to acquire and protect property, laid the foundation for the Bill of Rights, which became part of the Constitution. The Bill of Rights guaranteed freedoms such as freedom of speech, freedom of the press, freedom of religion, and the right to a trial by jury.
Additionally, the language of the Declaration of Independence has had a lasting influence on American society and culture. For example, Abraham Lincoln's Gettysburg Address drew on the language of the Declaration, demonstrating its enduring significance.
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The right to revolution
The Declaration of Independence and the Constitution are two important documents that laid the foundation for the birth of America. The Declaration of Independence, stating that the United States of America is a country independent of England, includes a list of grievances against the English king. On the other hand, the Constitution formed the federal government and set the laws of the land.
Alexander Hamilton, an American founding father, justified American resistance during the Revolution as a manifestation of "the law of nature" that addressed violations of "the first principles of civil society" and "the rights of a whole people". Thomas Jefferson, another founding father, viewed the Declaration of Independence as a final attempt by an oppressed people to establish their right to revolution. Legal historian Christian Fritz also supports the idea that Americans codified the right of revolution in their new constitutions, with 35 state constitutions still containing similar provisions.
However, it is important to note that the right to revolution is distinct from the right to alter or abolish a government. The latter is a right of "the people" and comes into effect when a government becomes destructive of the ends of government, such as protecting life, liberty, and the pursuit of happiness. This right is exercised when the law or constitution is perverted and becomes a tool to violate the rights of citizens.
While the right to revolution has been a subject of discussion and disagreement among scholars, it is clear that the concept has played a significant role in shaping political thought and the foundation of nations like the United States of America.
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The role of women in the Declaration
The Declaration of Independence, written in 1776, states that "all men are created equal". However, this statement did not include women, who were not uniformly granted the right to vote until the passage of the 19th Amendment to the Constitution in 1920. At the time the Declaration was written, most women were considered the "property" of their fathers or husbands and were expected to remain in the home, raising children and tending to their husbands.
Despite the limitations placed on women during this period, some notable women advocated for their rights through their writing. Enslaved poet Phillis Wheatley's popular 1773 book contested stereotypes that women and Africans had inferior intelligence to white men. In 1790, Judith Sargent Murray questioned the status of women in her essay "On the Equality of the Sexes". In 1776, Abigail Adams wrote to her husband, John Adams, who was working to establish the new country's laws, and asked him to "remember the ladies".
In the mid-19th century, women continued to be seen as lesser people by the US government and society. Women were not allowed to own property or money, were restricted from university education, and could not vote. In response to this, Elizabeth Cady Stanton and her co-authors presented the Declaration of Sentiments at the Seneca Falls Convention in 1848, the first women's rights convention in the US. The Declaration of Sentiments was modelled on Thomas Jefferson's Declaration of Independence, with the insertion of the words "and women". It included a preamble discussing the necessity for change, with a list of 19 "injuries and usurpations on the part of man toward woman", including the lack of rights afforded to married women and the inequality women experienced in the justice system. Sixty-eight women and 32 men signed the Declaration of Sentiments, but many who had signed later withdrew their names due to the ridicule and opposition they faced.
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Frequently asked questions
The Declaration of Independence states that the United States of America is a country independent of England, and includes a list of grievances against the English king. The Constitution, on the other hand, formed the federal government and set the laws of the land.
The Declaration of Independence is a philosophical document that establishes the government's role in protecting the rights of the people. It asserts that people give the government authority and that they have the right to replace a government whenever it becomes tyrannical and fails to protect their rights.
While both documents are significant, some argue that the Constitution is more important as it outlines the structure of the federal government and protects the rights of citizens. However, others claim that the Declaration of Independence is more important due to its philosophical and cultural value, serving as the foundation for the Constitution.
