The Declaration of Independence as Introduction to the Constitution

9 Pages Posted: 24 Feb 2016 Last revised: 29 Mar 2016

See all articles by Alexander Tsesis

Alexander Tsesis

Loyola University Chicago School of Law

Date Written: February 23, 2016

Abstract

Throughout the course of United States history, the Declaration of Independence has played an outsized role in constitutional development. For each generation of Americans, the document has reflected the historical reason for independence and the idyllic statement of representative government. On the one hand, it is not part of the formal Constitution, on the other, it informs constitutional interpretation. For a time, until ratification of the Fourteenth Amendment, it was the nation’s only formal acknowledgment of human equality.

The Supreme Court has paid scant attention to the Declaration’s overarching statement on national governance and its mandates to protect individual rights while securing the people’s “Safety and Happiness.” The early record of lawmaking in the United States, on the other hand, demonstrates the influence of the Declaration’s normative statement from the country’s inception. From the nation’s founding, Americans’ constitutional understandings have been shaped by the Declaration of Independence’s statements on human rights and mandates for just government. The judiciary has not adequately followed the will of the people to rely on the Declaration in developing constitutional interpretation.

Keywords: Declaration of Independence, Constitution, Originalism, Interpretation, Founding, Framers, Symposium Introduction

Suggested Citation

Tsesis, Alexander, The Declaration of Independence as Introduction to the Constitution (February 23, 2016). Southern California Law Review, Vol. 89, 2016. Available at SSRN: https://ssrn.com/abstract=2736922

Alexander Tsesis (Contact Author)

Loyola University Chicago School of Law ( email )

25 E. Pearson
Chicago, IL 60611
United States
312-915-7929 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
134
Abstract Views
598
rank
211,429
PlumX Metrics