Declaration of Independence influence on the Constitution

I have heard more than a few people say the Declaration of Independence has no impact on the Constitution. While from an absolute government can do and government can’t do aspect this is not false, it does undermine the fact the Declaration of Independence does in fact have significant relevance to the Constitution.

 

The Declaration of Independence was more than just the title proclaims in declaring Independence from the United Kingdom it was an indictment against tyrannical rule and what the role of a government should be. The Declaration went beyond merely stating the Colonies would no longer have any ties with Britain, the Founders also stated what the rights of the people are, and that government operates at the beckon of the people, not the other way around.

 

So how does this relate to the Constitution? The comparisons between the Declaration of Independence and the Constitution, go beyond the most famous words of the Declaration that most of us learn in grade school, “We hold these truths to be self evident…”. It is almost a cause and effect between the two, with the Declaration being the cause or stating the purpose of government and the Constitution being the effect of those beliefs in creating a government. Though the Constitution does have many influences, the direct impact of what the Declaration states is clearly evident.

The first place we will look is the second paragraph of the Declaration.

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; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

This statement declares that government is derived FROM the people and are instituted, or established by the people with the consent of the people, for the sole purpose of securing the inalienable rights that all people posses given to them by their creator. In the Constitution we can see this building of a foundation of these principles as expressed in the Preamble and Article VII.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article. VII.
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

The preamble states the purpose of the Constitution, to secure the blessing of liberty, by establishing Justice ensure domestic tranquility and provide for the common defense and promote the general welfare. By creating a government with the sole purpose of ensuring justice, tranquility, common defense and the general good of all, the blessing of liberty the inalienable rights are inherently secure for all. Finally it is the people who are establishing this with their consent. This consent was ensured in the Constitution itself in Article VII, it was not a government body such as Congress or even the State Legislatures who agreed to this Constitution and decided to institute among themselves, but rather it was Convention in each State. Conventions whose delegates were chosen by the people for the sole purpose of either ratifying and establishing this government among them, or rejecting it.

 

This concept is at the center of one of the most memorable aspects of the Declaration of Independence and directly ties into one of the most important concepts of the Constitution, the protection of liberty by the consent of the people.

 

Following these parts of the Declaration is a long list of charges against King George III. Many of these a accusations against King George III will have remedy of some sort to prevent these transgressions in the Constitution.

 

Accusation against King George III	How the Constitution addresses the issue
He has refused his assent to laws, the most wholesome and necessary for the public good.	Article I provides the President must sign or veto a bill within 10 days (except Sunday) or the Bill becomes law without his signature or veto, unless Congress shall have adjourned before the 10 has expired.
He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and, when so suspended, he has utterly neglected to attend to them.	No authority is given to any part of the Federal Government to prevent states from passing laws to their choosing, provided they abide by the predefined Constitutional requirements.
He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them, and formidable to tyrants only.	Article I Section 2 guarantees the people are represented in Congress, and vacancies can be filled by the calling of an election by the State’s executive.
He has called together legislative bodies at places unusual uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures.	Article I Section 8 To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States Article II Section 3: Only allows the President to convene on extraordinary Occasions, convene both Houses, or either of them
He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people.	Article II Section 3: The President can only adjourn Congress in Case of Disagreement between them (both houses), with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper
He has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands.	Congress is given sole power over naturalization in Article I Section 8: To establish an uniform Rule of Naturalization
He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers	Article I Section 8 and Article III Section 1 grants Congress the power to construct the courts To constitute Tribunals inferior to the supreme Court; The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries.	Article III Section 1 The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
He has erected a multitude of new offices, and sent hither swarms of officers to harass our people and eat out their substance.	Only Congress can erect Offices who only have power over Federal aspects, not state aspects. The 4th and 5th Amendments in addition protect the people from search, seizures in crimes and property seizure without compensation.
For quartering large bodies of armed troops among us;	The 3rd Amendment prohibits the Quartering of Soldiers in Peace without the owners consent.
He has affected to render the military independent of, and superior to, the civil power.	Article I Section 8 has Congress regulate the Military while Article II Section 2 has the President Commander in Chief. This ensures Civil rule in the Constitution.
He has combined with others to subject us to a jurisdiction foreign to our Constitution and unacknowledged by our laws, giving his assent to their acts of pretended legislation	Only Laws passed or ratified by Congress or Treaties by the Senate can apply and with the Constitution are supreme to all other laws
For protecting them (soldiers), by a mock trial, from punishment for any murders which they should commit on the inhabitants of these states	Independent Judicial Branch. All persons are equally subject to the law, and with the equal protections when subject to the courts.
For cutting off our trade with all parts of the world	Only Congress can regulate foreign trade Article I Section 8
For imposing taxes on us without our consent	All money bills including taxes, must originate in the House of Representatives (In the beginning the  only House elected by the People)
For depriving us, in many cases, of the benefits of trial by jury	Article III Section 2 The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury
For transporting us beyond seas, to be tried for pretended offenses	Article III Section 2 and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies	Article VI prevents this This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments;	Article III Section IV The United States shall guarantee to every State in this Union a Republican Form of Government. Unless a law is in violation of the Constitution, the Federal Government is given no power to negative State laws.
For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever	Article III Section IV The United States shall guarantee to every State in this Union a Republican Form of Government. A Republican government requires an elected Legislature (at least one house elected)
He has abdicated government here, by declaring us out of his protection and waging war against us.	Article III Section 4 (The Federal Government) shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

 

There were additional grievances against King George, though not directly addressed in the Constitution as these are, they are addressed in the concept of a limited and controlled government.

 

The Declaration of Independence as already mentioned, in itself carries no direct legal authority as the Constitution does. But that is not to say it does not have a direct and profound influence in understanding the Constitution at all. The Declaration was the one of the beginning steps in the American Revolution, it was the part that declared that it is the people who posses the power, not a man. The Declaration announced what the Americans believed where the most basic and fundamental rights of ALL man, and detailed how they had been infringed on. The Constitution turned this announcement of an idea into the practical application of the idea, by ensuring these basic and natural rights were sanctified and a government was designed with the sole purpose of protecting these rights with no power to infringe on them.

 

The Declaration of Independence provides insight into the motivation of various aspects of the Constitution, it displays root reasons as to why the Founders included these parts, and to what objective they were trying to meet, or power they were trying to ensure or prevent. There are many influences on the Constitution, the Articles of Confederation, Charles Montesquieu, John Locke, the States own Governments and the personal experiences of the Founders themselves. But none display the root cause for some many aspects of the Constitution as the Declaration of Independence does, who lists tyranny against the people, which can directly be associated with those people’s own remedy to prevent it from happening again.