Understanding the Legal and Political Context of the Declaration of Independence

The Declaration of Independence, while a significant founding document of the United States, holds a unique place in history that sets it apart from the Constitution. This article explores the nature and significance of the Declaration in the wider context of American legal and political history.

The Declaration: A Founding Document and Statement of Principles

In 1789, the US First Congress made the Declaration of Independence a part of the United States' foundational documents alongside the Articles of Confederation and Perpetual Union, the Land Ordinance of 1785, and the Northwest Ordinance of 1787. These documents were broadly incorporated into the Organic Law of the United States.

The Declaration serves as a statement of fundamental principles and a justification for the break from British governance, which could be metaphorically termed as a "divorce" from the British connection. It outlines the separation from political bonds and provides a list of grievances to support this claim. Most notably, it establishes the foundation for the "free and independent states of the United States."

The Nature of the Declaration of Independence

The Declaration of Independence is fundamentally a declaration - a formal statement of intention to do something. Anyone, in theory, can issue a declaration, such as declaring independence from a governing body. However, merely declaring independence does not provide a legal or constitutional basis for it. The assertion of sovereignty in the Declaration challenged the existing British sovereign, leading to a state of anarchy where no agreed sovereign made laws or settled disputes.

The challenge to the sovereignty of another state is usually resolved by warfare. In the case of the United States, victory in the Revolutionary War and recognition from the international community legally established the nascent nation as a sovereign entity. The Declaration, while important, did not create a legal framework to govern the new nation but merely stated a principle that the states were free from British rule for specified reasons.

Comparing the Declaration to the Constitution

The United States Constitution, drafted years later in 1787, provided detailed provisions for how the new government would operate and who would exercise what powers. In contrast, the Declaration is more concerned with the principles that justify the breaking away from British rule. It does not detail mechanisms for governance or establish a precedent for how future governments should be set up.

While the Declaration laid a philosophical and political groundwork for the Constitution, it falls short of being legally binding in the constitutional sense. It established principles but did not create the mechanisms that the Constitution laid out for governance.

Conclusion

The Declaration of Independence is a relic of its mission to declare independence rather than a constitutional document. While it is a significant part of the Organic Law of the United States, it focused on the principles and justifications for the break from Britain rather than creating the legal and procedural framework central to the subsequent Constitution.