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The Declaration of Independence &# 038; the Constitution The framers of our country undertook the daunting task of creating a new country from scratch. Their intent was to create a republic that would be able to withstand the sands of time without losing sight of their democratic ideals. This they have accomplished, for the United States is the oldest large democracy in the world. But how did they succeed? During the era of our country s birth our founding fathers set up a government that would base itself and its institutions on the idea that humans are not naturally political. In order to ensure order and sovereignty the drafters of a new regime knew that they had to establish a strong and coherent central government.
However, this new government would be legitimate only if it was based on the consent of its governed citizens and had the means of checking and balancing itself. The Declaration of Independence and the United States Constitution differ in that the first proclaims principles about natural rights and the latter has the primary function of establishing a concrete formula for a government. Both, however, exemplify beliefs that in order for a large republic to last, it must be based on the federalist belief of a separation of power. The Declaration of Independence tells us 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, (Declaration).
The author of the document, Thomas Jefferson, had the intent of showing that all men had the natural right of freedom. Since the British monarchy viewed colonists as mere tools for economic gains for the mother country and hence gave them almost no say in the passage of laws directly affecting them, they were inherently unequal compared to citizens that still lived in Britain who had representation in Parliament. Thus, it was our right to dissolve our political affiliation with England and go to war. Because the Constitution would later establish that representation and taxation in the House would be, determined by adding to the whole number of free persons three fifths of all other persons, (Constitution, Art 1, Sec 2), African-American slaves were not treated as equal and hence did not have the rights of other citizens. However, the Constitution did not dictate that states had to follow the institution of slavery, allowing many state legislatures to outlaw it. Although slavery was viewed by many as a necessary evil that would allow the colonies to unite as one nation, the separation of power between federal and state governments allowed individual states to grant emancipation to slaves, giving them more equality.
The founders of our nation knew that power had to be separated not only by local, state, and federal levels, but also by differing branches of federal government. The Declaration tells us that, Governments long established should not be changed for light and transient causes, (Declaration). This explains why the drafters of the Constitution when to such great lengths to not only separate the powers into the executive, legislative, and judicial branches, but also not make it simple to pass legislation amend the document itself. For example, the fact that every bill must first be passed in the House of Representatives and then the Senate. In order for it to become law, it must be: presented to the President of the United States; If he approve he shall sign it, but if not shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become Law. (Constitution, Art 1, Sec 7).
For legislation to become law, it must go this long journey. The founders knew that such an attenuated process would ensure those violations of the Constitution that the laws may impose or clear partisanship without the needs of the people first would likely be caught and revised. The founding fathers of our nation painstakingly set up a government that they believed would forever ensure democratic principles regardless of the size of the regime. They established a system of government that would abide to those rights that they held dear during their time, but that would be able to conform to future generations and unforeseen events.
It is a fact that the Declaration of Independence and the Constitution contains so much of the same language and ideals. The drafters of both documents were able to see their concepts and principles of what a government should be in one implemented in the latter. This divulges that despite all of the compromises that had to be made, all factions agreed upon the inherent importance of getting it done right the first time.
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Research essay sample on Declaration Of Independence Separation Of Power
