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Peter Mulherin's avatar

The principles are applicable widely great write.

Jack Jordan's avatar

It would be nice to know what Lincoln would say today. Lincoln declared the Declaration an "apple of gold" and the “Union, and the Constitution” a mere “picture of silver." But that was well before Lincoln's last vital years--and well before they bore their most precious fruit. In the years after Lincoln's comparison of the worth of the Declaration and the worth of the Constitution, Lincoln and many other Americans did much to cause our Constitution to far surpass the Declaration.

In 1866 (160 years ago and 90 years after the Declaration of Independence), the Speaker of the U.S. House of Representatives Schuyler Colfax declared that Section 1 of the Fourteenth Amendment was “the gem of the Constitution . . . because it is the Declaration of Independence placed immutably and forever in our Constitution.” The 14th Amendment clarified what citizenship means: "All persons born or naturalized in the United States" are entitled to all "the privileges or immunities of citizens of the United States," which includes "equal protection of the laws." Thus, our Constitution (not merely the Declaration) said that all men have equal rights, privileges and immunities. But even Speaker Colfax overlooked vital aspects of our Constitution.

Section 1 of the Fourteenth Amendment (arguably) is “the gem of the Constitution" because in fact and in law (the paramount law of the land) it declared far more by "our Constitution" than was declared in "the Declaration of Independence." Section 1 of the Fourteenth Amendment declared that all citizens have equal rights, privileges and immunities. It established that, according to the paramount law of the land, i.e., in law created by the People speaking for themselves, much more than merely that all men are equal and have equal rights. It established that all citizens born or naturalized in the U.S. are equal and have equal rights regardless of arbitrary factors such as skin color or sex.

The 14th Amendment led to the 15th Amendment, then the 19th Amendment, then the 24th Amendment and then the 26th Amendment. Those amendments, in turn, led SCOTUS toward radical revisions in thinking about the scope and meaning of the 1st Amendment. In part because of the foregoing, I can't help but wonder what Lincoln would say today about the relative worth of the Declaration and the Constitution.

I have no doubt that you're right that he would again say, as he did at Gettysburg in 1863, that "from [our] honored dead we" should "take increased devotion to that cause for which they gave the last full measure of devotion" and we, the living should "highly resolve that [our] dead shall not have died in vain" and "that government of the people, by the people, for the people, shall not perish from the earth."

I don't doubt that he also would say what he said in 1859 (3 years after the abominable SCOTUS decision and opinions in Dred Scott in 1856):

"The people—the people—are the rightful masters of both Congresses, and courts—not to overthrow the Constitution, but to overthrow the men who pervert that constitution."

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