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Big Co.Jones Breakers: The Declaration of Independence and the Constitution of the United States

Wednesday, October 15, 2008

The Declaration of Independence and the Constitution of the United States

When was the last time you read this. Maybe I don't see clearly, so let's not look at any candidate or any party. Let's look at issues, just the issues. The importance is to figure out where you stand on the issues. Be honest with yourself and search the issues and then align your issues with who most represents them the best. I don't think we want to rename the Declaration of Independence, The Declaration of Citizen Dependence of the United States Governement. Please read for your own edification (Plese note I have not included the Constitution).
The Declaration of Independence and the Constitution of the United States
PREFACE
by Roger Pilon


In 1776, America's Founders gathered in Philadelphia to draft the Declaration of Independence, which dissolved the political ties that had bound the American people to Great Britain. A new nation was thus born, free and independent, the United States of America. Eleven years later, in 1787, after American patriots had won our independence on the battlefield, many of the men who had met earlier in Philadelphia, plus others, met there again to draft a plan for governing the new nation, the Constitution of the United States. In 1789, after the plan had been ratified, the new government was established. Together, the Declaration and the Constitution are America's founding documents.

As amended over the years, the Constitution is the supreme law of the land, the nation's fundamental law. But the broad language of the Constitution is illuminated by the principles set forth in the Declaration. To better understand and appreciate the form of government we have, therefore, it is important to look first to the Declaration, where the Founders outlined their moral vision and the government it implied.

Addressing "a candid World," the Founders' immediate aim in the Declaration was to justify their decision to declare independence. Toward that end they set forth a theory of legitimate government, then demonstrated how far British rule had strayed from that ideal. But their argument served not simply to discredit British rule; in addition, it set the course for future American government. Indeed, for more than two centuries the ringing phrases of the Declaration have inspired countless millions around the world.

Appealing to all mankind, the Declaration's seminal passage opens with perhaps the most important line in the document: "We hold these Truths to be self-evident." Grounded in reason, "self- evident" truths invoke the long tradition of natural law, which holds that there is a "higher law" of right and wrong from which to derive human law and against which to criticize that law at any time. It is not political will, then, but moral reasoning, accessible to all, that is the foundation of our political system.

But if reason is the foundation of the Founders' vision—the method by which we justify our political order—liberty is its aim. Thus, the cardinal moral truths are these:

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.
We are all created equal, as defined by our natural rights; thus, no one has rights superior to those of anyone else. Moreover, we are born with those rights, we do not get them from government—indeed, whatever rights or powers government has come from us, from "the Consent of the Governed." And our rights to life, liberty, and the pursuit of happiness imply the right to live our lives as we wish—to pursue happiness as we think best, by our own lights—provided only that we respect the equal rights of others to do the same. Drawing by implication upon the common law tradition of liberty, property, and contract—its principles rooted in "right reason"—the Founders thus outlined the moral foundations of a free society.

Only then did they turn to government. We institute government, the Declaration says, to secure our rights—our natural rights and the rights we create as we live our lives. But the powers government may need to do that must be derived from our consent if they are to be just. Government is thus twice limited: by its end, which any of us would have a right to pursue were there no government; and by its means, which require our consent.

When it came time to draft a new constitution, the Founders drew upon the principles they had outlined in the Declaration. Having recently overthrown oppressive British rule, they were not about to reimpose oppression on themselves. Accordingly, their basic task was to devise a government that would be strong enough to secure our rights against domestic and foreign oppression yet not so powerful or extensive as to be oppressive itself. Toward that end, the document they drafted, once ratified, authorized government and governmental powers, then checked and balanced those powers through a series of extraordinarily thoughtful measures.

The Preamble sets forth the basic principle of the document: "We the People," for the purposes listed, "do ordain and establish this Constitution." All power, in short, comes from the people. But as a reflection of the principles of the Declaration, the power the people give to government, to exercise on their behalf, is strictly limited. Indeed, the very first sentence of Article I, following the Preamble, implies as much: "All legislative Powers herein granted shall be vested in a Congress." That the people "herein granted" only limited legislative powers is made clear by the enumeration of those powers in Article I, section 8. And the point is reiterated, as if for emphasis, in the Tenth Amendment, the final member of the Bill of Rights that was drafted in 1789, then added, after ratification, in 1791: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Plainly, only certain powers were delegated or granted by the people. Those powers were then enumerated in the Constitution. The rest were reserved to the states—or to the people, never having been granted to either level of government.

To illustrate how enumeration limits power, consider the General Welfare Clause of Article I, section 8. Were the passage containing that clause to be read simply as authorizing Congress to tax and spend for the general welfare, as some read it today, Congress would have been granted all but unlimited power and the enumeration of other powers would have been to no purpose. Thus, the passage must be read as permitting taxing only for enumerated ends; and the clause restricts such funding to the general welfare only, not to the welfare of particular parties. Similarly, the power given Congress to regulate "commerce among the states" could not have been a power to regulate anything that "affects" commerce, which in principle is everything, for that too would have made pointless any limits imposed by enumeration. Rather, the Commerce Clause was meant primarily to restrain state power: to ensure the free flow of goods and services among the states, Congress was given the power to regulate such commerce—to make it "regular." Those limitations are reinforced by the Necessary and Proper Clause, which limits the means available to Congress to those that are "necessary" for executing enumerated powers—without such means, the enumerated powers could not be executed—and "proper" for a government dedicated to liberty.

As their many writings make clear, the Founders intended the doctrine of enumerated powers to be our principal defense against overweening government: if there were no power to do something, the government could hardly abuse that power. But they provided other defenses as well. Thus, in addition to dividing power between the national and the state governments, leaving most power with the states or with the people, they separated powers among the three branches of the national government—legislative, executive, and judicial—then devised a series of checks and balances to further restrain those powers. Within the bounds of its enumerated powers, for example, Congress may enact legislation; but the president has a power to veto such legislation, which Congress may then override only by a supermajority vote. Likewise, in deciding cases or controversies before them, the courts may exercise the judicial power by reviewing the actions of the other two branches to ensure that they do not exceed the limits imposed by the Constitution, a power that was extended to state actions as well after ratification of the Civil War Amendments; but the president and Congress determine who shall sit on the federal courts. Again, the Bill of Rights was added in 1791, for greater caution; but because no such bill could list all of our rights, the Ninth Amendment states: "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." And of course the people retained the power to elect their political officials, which was a final check on overweening power.

The Declaration and the Constitution, together, address mankind's most basic political questions. Resting on a firm moral foundation, they articulate the first principles of political organization. Thus, they were meant to serve not simply the 18th century but generations to come, which would face those same basic questions, whatever their particular circumstances, whatever their state of material progress. Because the principles the Founders articulated transcend both time and technology, they will serve us well as we move through the 21st century, if only we understand them correctly and apply them well.

In the end, however, no constitution can be self-enforcing. Government officials must respect their oaths to uphold the Constitution; and we the people must be vigilant in seeing that they do. The Founders drafted an extraordinarily thoughtful plan of government, but it is up to us, to each generation, to preserve and protect it for ourselves and for future generations. For the Constitution will live only if it is alive in the hearts and minds of the American people. That, perhaps, is the most enduring lesson of our experiment in ordered liberty.

The Declaration of Independence

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. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

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.

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.

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.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

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:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring 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

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

— John Hancock

New Hampshire:
Josiah Bartlett, William Whipple, Matthew Thornton

Massachusetts:
John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry

Rhode Island:
Stephen Hopkins, William Ellery

Connecticut:
Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott

New York:
William Floyd, Philip Livingston, Francis Lewis, Lewis Morris

New Jersey:
Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark

Pennsylvania:
Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross

Delaware:
Caesar Rodney, George Read, Thomas McKean

Maryland:
Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton

Virginia:
George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton

North Carolina:
William Hooper, Joseph Hewes, John Penn

South Carolina:
Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton

Georgia:
Button Gwinnett, Lyman Hall, George Walton

1 comment:

bigbluestudio said...

This certainly does provide clarity and at a good time. It is as brilliant now as it was then, and we are very fortunate to live in such a great and free society. We should never take that for granted, but we so often do. Great post and very thoughtful as always.