Malcolm Rivera
The United States Constitution, ratified in 1788, is a document that united a group of states with different interests, laws, and cultures under one national government. It has seven articles and has had 27 amendments since its creation, the first ten of which constitute the Bill of Rights. The Preamble of the Constitution introduces the articles and amendments that follow with its famous first 52 words.
| Characteristics | Values |
|---|---|
| Document | Declaration of Independence |
| Author | Thomas Jefferson |
| Influenced by | French Enlightenment philosophers Voltaire, Rousseau, Montesquieu, Marquis de Lafayette, and Italian Filippo Mazzei |
| Also influenced by | Thomas Paine's Common Sense, John Locke's theory of natural rights, and George Mason |
| Date | 1776 |
| Impact | Seen as emblematic of America's founding ideals, a hallmark statement in democratic constitutions, and a sweeping declaration against slavery |
| Subsequent Declarations | French Declaration of the Rights of Man and of the Citizen (1789), Universal Declaration of Human Rights, Canadian Charter of Rights and Freedoms, Germany's Basic Laws, Constitution of Algeria, and many others |
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What You'll Learn
- The phrase all men are created equal is in the US Declaration of Independence, not the Constitution
- The phrase has been criticised and challenged by slave owners and supporters of slavery
- The phrase has influenced subsequent declarations of rights and human rights instruments
- The phrase has been interpreted as meaning humans have equal natural rights
- The Equal Protection Clause of the Fourteenth Amendment was drafted to protect equal rights
The phrase all men are created equal is in the US Declaration of Independence, not the Constitution
The phrase "All men are created equal" is a famous and powerful statement, often associated with American ideals and values. However, it is important to note that this phrase is not actually in the US Constitution. Instead, it originates from the US Declaration of Independence, a separate but equally significant document in the founding of the United States.
The Declaration of Independence, adopted on July 4, 1776, proclaimed the thirteen American colonies' independence from Great Britain and established them as a new nation. The document's most famous passage, which includes the phrase "all men are created equal," reads: "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." This statement expresses the fundamental belief in equality and natural rights that underpinned the colonies' struggle for independence and the creation of a new nation.
The Declaration of Independence was written by Thomas Jefferson and adopted by the Second Continental Congress during the American Revolution. It served as a formal statement of the colonies' grievances against the British Crown and justified their decision to break away and form a new nation. The phrase "all men are created equal" reflects the Enlightenment ideals that influenced the founding fathers, emphasizing the inherent equality and rights of all individuals.
While the Constitution establishes the structure and principles of the US government, the Declaration of Independence lays out the philosophical foundations of the nation and articulates the core values that inspired the fight for independence. The inclusion of "all men are created equal" in the Declaration reflects the belief that governments are instituted to protect the inherent rights of their citizens, and that these rights are universal and inalienable.
The absence of the phrase "all men are created equal" in the Constitution does not diminish its importance or influence. The Constitution, ratified in 1788, built upon the principles outlined in the Declaration of Independence and established a framework for a democratic government that would protect the rights and freedoms proclaimed in the Declaration. The two documents, though distinct, are intrinsically linked in the history and fabric of the United States, shaping its political and social landscape.
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The phrase has been criticised and challenged by slave owners and supporters of slavery
The phrase "all men are created equal" is found in the United States Declaration of Independence. It was penned by Thomas Jefferson during the beginning of the Revolutionary War in 1776. The sentence was stylised by Benjamin Franklin and was influenced by French Enlightenment philosophers such as Voltaire, Rousseau, and Montesquieu. The phrase has been considered a hallmark statement in democratic constitutions and similar human rights instruments.
However, the phrase has been criticised for its contradiction with the existence of American slavery, including Thomas Jefferson himself owning slaves. This attracted comments when the Declaration of Independence was first published, and many members of Congress also owned slaves, which influenced their decision to delete a controversial "anti-slavery" passage. The phrase has been challenged by slave owners and supporters of slavery, such as Senator John Randolph of Roanoke, who criticised it as a "falsehood". John C. Calhoun, a South Carolina senator and defender of slavery, agreed, saying there was "not a word of truth" in the phrase. In 1853, Senator John Pettit, in the context of the Kansas-Nebraska Act, stated that the phrase was a "self-evident lie".
The sentiment of the phrase, although not always in the exact wording, is echoed in numerous subsequent declarations of rights, including the Universal Declaration of Human Rights, the Canadian Charter of Rights and Freedoms, and Germany's Basic Laws. The phrase often serves as the first or one of the first rights listed in enumerations of rights, framing all subsequent rights.
The phrase has been the subject of debate and interpretation, with some arguing that it was meant to include all humans, not just those under the law. Black Americans were among the first to challenge perceptions, with New England-based clergyman Lemuel Haynes writing an essay soon after July 4 calling for the freedom of enslaved people. The essay, while not published until 1983, reflected the feelings of many in the Black community.
The phrase has also been criticised on grounds of racism, with historians and writers pointing out the contradiction between the statement and the treatment of Black and Indigenous people in America.
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The phrase has influenced subsequent declarations of rights and human rights instruments
The phrase "all men are created equal" has had a profound impact on subsequent declarations of rights and human rights instruments. The sentiment, if not the exact wording, is reflected in numerous important documents, including the Universal Declaration of Human Rights, the Canadian Charter of Rights and Freedoms, Germany's Basic Laws, and the Constitution of Algeria.
The phrase, penned by Thomas Jefferson during the Revolutionary War in 1776, was influenced by Enlightenment philosophy, particularly the writings of French philosophers Voltaire, Rousseau, and Montesquieu, as well as John Locke's second treatise on government and his belief in inherent equality and individual liberty. These ideas profoundly impacted the French Revolution of 1789 and the development of the concept of human rights.
The phrase has become a hallmark statement in democratic constitutions and human rights instruments, often serving as the first right listed, framing all subsequent rights. This is exemplified in the Universal Declaration of Human Rights, which states in Article 1 that "All human beings are born free and equal in dignity and rights." This declaration, adopted by the United Nations General Assembly in 1948, is a foundational instrument of the international human rights system, setting out fundamental human rights to be universally protected for the first time.
The influence of the phrase "all men are created equal" extends beyond specific documents. It has shaped the development of international human rights law and inspired the formulation of the International Bill of Human Rights, which came into force in 1976. The phrase has also influenced the interpretation of laws concerned with human rights in countries like the United States, Belgium, the Netherlands, India, and Sri Lanka.
Overall, the phrase "all men are created equal" has had a significant and lasting impact on the development of human rights declarations and instruments, helping to shape the modern understanding and protection of human rights worldwide.
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The phrase has been interpreted as meaning humans have equal natural rights
The phrase "all men are created equal" is found in the United States Declaration of Independence. It is a powerful statement that has come to embody America's founding ideals. The phrase, penned by Thomas Jefferson, reflects Enlightenment philosophy and the influence of John Locke's belief in inherent equality and individual liberty.
The interpretation of this phrase as implying that humans possess equal natural rights has been significant. This interpretation has been reflected in various subsequent declarations of rights and constitutions worldwide. For example, the French Declaration of the Rights of Man and of the Citizen (1789) states that "Men are born and remain free and equal in rights." This statement, influenced by French Enlightenment philosophers, had a profound impact on the French Revolution and the evolution of human rights.
The Massachusetts Constitution, authored by John Adams in 1780, includes a similar sentiment in its Declaration of Rights: "All men are born free and equal, and have certain natural, essential, and unalienable rights." This provision was interpreted as abolishing slavery in Massachusetts, demonstrating the power of the phrase in challenging institutionalized inequality.
The idea of equal natural rights has been a hallmark of democratic constitutions and human rights instruments. The Universal Declaration of Human Rights, the Canadian Charter of Rights and Freedoms, Germany's Basic Laws, and many other constitutions echo this sentiment, emphasizing that the rights within them apply equally to every person.
While the phrase has faced criticism and its implementation has been imperfect, it continues to inspire people worldwide to fight for freedom and equality. The interpretation of "all men are created equal" as affirming equal natural rights has had a lasting impact on the development of human rights and democratic ideals.
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The Equal Protection Clause of the Fourteenth Amendment was drafted to protect equal rights
The phrase "all men are created equal" is found in the United States Declaration of Independence. It is a statement that has come to embody America's founding ideals. The final form of the sentence was penned by Thomas Jefferson during the Revolutionary War in 1776. The sentence reads:
> "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 idea of equality among men was influenced by French Enlightenment philosophers such as Voltaire, Rousseau, and Montesquieu, as well as English philosopher John Locke's theory of natural rights. Locke's philosophy stated that "all men are born equally free and independent and have certain inherent natural rights of which they cannot, by any compact, deprive or divest their posterity; among which are the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety."
Despite the Declaration of Independence's assertion of equality, formal equality for many groups, including Black Americans, remained elusive. Before the passage of the Reconstruction Amendments, American law did not extend constitutional rights to Black Americans, and they were subject to chattel slavery in the slave states. The Dred Scott v. Sandford decision in 1857 further highlighted this inequality, as the Supreme Court determined that Black men, whether free or enslaved, had no legal rights under the U.S. Constitution.
The Equal Protection Clause of the Fourteenth Amendment was drafted to address issues of equality and protect the rights of all citizens. It states: "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." The primary motivation behind this clause was to uphold the equality provisions in the Civil Rights Act of 1866, which guaranteed that all citizens, regardless of race, would have the right to equal protection under the law. The Fourteenth Amendment, adopted in 1868, marked a significant shift in American constitutionalism by imposing greater constitutional restrictions on the states than before the Civil War.
The Equal Protection Clause has been interpreted and applied in numerous Supreme Court cases, such as Sweatt v. Painter, where the Court invalidated Texas's separate law school system for blacks and whites due to a lack of "substantial equality in the educational opportunities" offered. Another notable case is Brown v. Board of Education (1954), which prohibited racial segregation in public schools. The Equal Protection Clause has also been used to challenge racial discrimination, as seen in the efforts of Charles Hamilton Houston and Thurgood Marshall in the 1930s.
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