The Independence Gap: Constitution And The Founding Fathers

The Declaration of Independence, finalised on 4 July 1776, and the Constitution, signed in 1787, are two of the most important documents in American history. 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 two documents were written just 11 years apart, but only six men signed both.

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The Declaration of Independence was a call for the right to statehood, not independence

The United States Declaration of Independence, adopted in July 1776, was a call for the right to statehood and a statement of the principles on which the US government and identity were based. It was not a declaration of independence from Great Britain, but rather a claim that the American colonists, as a people, had the same rights of self-government as other peoples. This interpretation is supported by the fact that the Declaration does not have the force of law and that its primary purpose was "to express the international legal sovereignty of the United States".

The Declaration was written by Thomas Jefferson and included the famous phrase "all men are created equal". However, Jefferson later clarified that this phrase was not meant to signify individual equality. Instead, it meant that the American colonists had the right to declare independence, create new governments, and assume their "separate and equal station" among other nations. This interpretation of the Declaration is further supported by historian Garry Wills, who argued that Jefferson was influenced by the Scottish Enlightenment rather than Locke's classical liberalism.

The Declaration of Independence should also be understood in the context of the time. By July 1776, the Thirteen Colonies and the Kingdom of Great Britain had been at war for over a year, and relations had been deteriorating since 1763. The colonies were not directly represented in Parliament and objected to being taxed without representation. This dispute was part of a larger divergence between British and American interpretations of the British Constitution and the extent of Parliament's authority in the colonies. Thus, the Declaration of Independence was a response to specific grievances against the King of England and a claim for statehood and self-government.

The meaning of the Declaration of Independence has evolved over time. After the American Revolution, people began to interpret the document as a promise for individual equality. This interpretation has expanded with each generation, and the Declaration continues to inspire people worldwide to fight for freedom and equality. While the Declaration is not legally binding, it has provided historical and legal clarity about the Constitution and other laws. It is a powerful document that has shaped the identity and government of the United States.

The US Constitution formed the federal government and set the laws of the land, unlike the Declaration

The US Constitution and the Declaration of Independence are two distinct documents that are often confused with each other. The Declaration of Independence, adopted in July 1776, was a call for the right to statehood and a statement of the principles on which the American government and identity are based. It is not legally binding but has had a powerful influence on the American people and their interpretation of freedom and equality.

The US Constitution, on the other hand, formed the federal government and established the laws of the land. It was signed in 1787, 11 years after the Declaration, and only six men signed both documents. The Constitution began with the words "We the people of the United States of America," indicating that it was created by and for the people of the newly independent nation.

The Constitution had 12 amendments at the time, whereas the Declaration of Independence had none. The Constitution set out the commitments and consequences that came with independence, some of which were troubling, such as the failure to eliminate slavery, and others that were transformative. It is a legal document that established the federal government's structure and powers, as well as the rights and responsibilities of its citizens.

The Declaration of Independence, while not having the force of law, provided historical and legal clarity about the Constitution and other laws. It was influenced by various sources, including de Vattel's "The Law of Nations," which emphasised the importance of independence in statehood, and Thomas Jefferson's own draft of the preamble of the Constitution of Virginia and George Mason's draft of the Virginia Declaration of Rights.

In conclusion, while the Declaration of Independence laid the foundation for the United States' identity and principles, the US Constitution took it a step further by establishing the federal government and setting the laws that would govern the newly formed nation. The Constitution built upon the principles outlined in the Declaration of Independence and gave them legal force, shaping the course of American history and government.

The Declaration was influenced by international law treatises of the time, such as de Vattel's The Law of Nations

The United States Declaration of Independence was adopted in July 1776, and the US Constitution was signed in 1787. In the intervening years, the American Revolution took place, and the US gained independence from Britain.

The Declaration of Independence states the principles on which the US government and identity are based. It is not legally binding, but it has been a powerful influence on the nation. The document was drafted by Thomas Jefferson, and he himself admitted that it contained no original ideas. Instead, it was influenced by the prevailing sentiments of the time and the political philosophy of the revolution.

One of the most significant influences on the Declaration was the Swiss jurist, Jean Jacques Burlamaqui. Jefferson's use of the phrase "pursuit of happiness" instead of "property" is evidence of Burlamaqui's influence. Other scholars have pointed to the influence of republicanism, and the Scottish Enlightenment, particularly Francis Hutcheson.

The Declaration was also influenced by international law treatises of the time, such as Emer de Vattel's "The Law of Nations". Vattel's work profoundly influenced the development of international law. "The Law of Nations" was first published in 1758 and quickly became the dominant international law treatise of the period. It was widely referenced among diplomats and scholars. Benjamin Franklin, who received three original French copies of the book, said it was continually in the hands of the members of our Congress.

Vattel's work was influenced by Hugo Grotius, Gottfried Wilhelm Leibniz, and Christian Wolff. Vattel combined naturalist and positivist legal reasoning. His work focused on the rights and obligations of citizens and states, and he elucidated the Golden Rule of Sovereigns: "One cannot complain when he is treated as he treats others.". Vattel emphasised the concept of state sovereignty, the idea that each state has the right to govern itself without external interference. This concept was central to the Declaration's purpose of expressing the international legal sovereignty of the US.

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The Declaration was not legally binding, but the Constitution was

The Declaration of Independence, finalised on July 4, 1776, and the Constitution, formed over a decade later, are two important documents that laid the foundation for the birth of America. However, the Declaration was not legally binding, while the Constitution was.

The Declaration of Independence was a call for the right to statehood and a statement of the principles on which the American government and identity are based. It asserted that the American colonists, as a people, had the same rights of self-government as other peoples and could therefore declare independence, create new governments, and establish their separate and equal station among other nations. The document was a powerful expression of the sentiments widely shared by supporters of the American Revolution. It was also an indictment against King George for violating the constitutional rights of the colonists.

The Constitution, on the other hand, formed the federal government and set the laws of the land. It began with the words "We the people of the United States of America," indicating that it was a government "of the people, for the people, and by the people." While the Declaration of Independence was a statement of principles, the Constitution was a legally binding document that established the framework for the American government and society.

The difference in legal status between the two documents is important. The Declaration of Independence, despite its powerful language and influence, was not enforceable in a court of law. It served as a statement of ideals and a rallying cry for the American Revolution. In contrast, the Constitution was a binding contract that outlined the rights and responsibilities of the government and the people. It provided a framework for governance and established the rule of law in the newly formed United States.

The process of drafting and adopting these documents also differed significantly. The Declaration of Independence was written and adopted over a relatively short period, reflecting the urgent need for independence from Great Britain. On the other hand, the Constitution was crafted over a longer period, with careful consideration and debate, as it aimed to establish a durable framework for the young nation.

The Constitution was amended 12 times, but the Declaration was not

The Declaration of Independence, adopted in July 1776, was a pivotal moment in American history, marking the Thirteen Colonies' assertion of independence from the Kingdom of Great Britain. The Declaration, drafted by Thomas Jefferson, outlined the principles underpinning the identity and government of the United States of America as a sovereign nation. It included a list of grievances against the King of England, notably for violating the constitutional rights of the colonists.

The Constitution, on the other hand, was adopted in 1787, 11 years after the Declaration. It established the federal government and set the laws of the land. One of the most notable differences between the two documents is that the Declaration is not legally binding, while the Constitution is the supreme law of the land. The Constitution has been amended 12 times to adapt to the evolving needs and circumstances of the nation, whereas the Declaration of Independence has not been amended.

The Constitution's 12 amendments reflect the evolving nature of American democracy and the efforts to refine and improve the nation's governing document. These amendments address a range of issues, including the powers of the federal government, the rights of citizens, and the process of governance. The first ten amendments, collectively known as the Bill of Rights, were ratified in 1791 and focused on protecting individual liberties and preventing government overreach.

The Declaration of Independence, while not legally binding, holds immense symbolic and historical significance. It has served as a source of inspiration for people around the world, embodying the ideals of freedom and equality. The phrase "all men are created equal" from the Declaration has taken on a life of its own, evolving in interpretation over time. Originally, it referred to the collective rights of the American colonists to self-government and independence. However, after the Revolution, it took on a new meaning, becoming a statement of individual equality that transcended social and cultural boundaries.

The differences between the Declaration of Independence and the Constitution highlight the dynamic nature of American democracy. The Constitution, with its amendments, demonstrates the flexibility and adaptability of the nation's governing framework. Meanwhile, the unamended Declaration stands as a testament to the enduring principles upon which the nation was founded, even as interpretations and applications of those principles continue to evolve.

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