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malthaussen

(17,066 posts)
Fri Mar 16, 2018, 12:42 PM Mar 2018

The Declaration of Independence and the US Constitution

The Declaration of Independence is a nice little document (or at least its preamble is), but it is not a legal document and is thus little more than a curiosity in US State papers. The Constitution, however, is manifestly a legal document, and the ideas in the Preamble made it into the Constitution by way of the Bill of Rights.

Mr Jefferson established the foundational rights of Life, Liberty, and Property (well, he said "Pursuit of Happiness," but he was just kidding). A further right, floated by Francis Hutcheson a couple decades before the Declaration, also argued for a Right to one's own conscience. All four of these rights are legally secured by the Bill of Rights to the US Constitution.

The First Amendment secures the right to one's own conscience, which Hutcheson proposed but Jefferson didn't mention. Right to conscience involves more than freedom of worship, it also covers the right to think and express oneself free of government hindrance. Though the amendment does not explicitly secure one's right to think as his conscience directs, one might argue that the Founders, at least, expected people to think before they spoke (which is, perhaps, one reason why the Bill of Rights is out of date).

The Fourth and Fifth secure Life, Liberty, and Property (it's right there in the Fifth, honest), but none of the amendments say anything about the Pursuit of Happiness. One might argue that Pursuit of Happiness is really covered by the whole Bill of Rights (well, the first 8 amendments, anyway), or one could argue that the omnibus Amendments (the last two) secure PoH adequately. Maybe Mr Madison was not so enamored of Mr Jefferson's novelty to dignify it by addressing it in the Bill of Rights.

Bottom line: The Declaration of Independence (in the preamble) provides the theoretical grounding which was later worked out in the Constitution. It grants, and can grant, nothing. This is why people sue about unconstitutionality all the time, but no one (so far as I am aware) has brought suit against the Declaration of Independence.

-- Mal



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The Declaration of Independence and the US Constitution (Original Post) malthaussen Mar 2018 OP
Think of King George it was written to him Historic NY Mar 2018 #1
Not really. malthaussen Mar 2018 #2

malthaussen

(17,066 posts)
2. Not really.
Fri Mar 16, 2018, 12:56 PM
Mar 2018

It was written to the world, to justify the revolution by enumerating the grievances of the colonists. It is not a petition to the government of Great Britain. In fact, it is addressed to no one.

-- Mal

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