A variation of an Abraham Lincoln quote would go, “The Declaration of Independence is prior to, and independent, of the Constitution. The
Constitution is only the fruit of the Declaration of Independence, and could never have existed if the Declaration of Independence had not first
existed. The Declaration of the Independence is the superior of the Constitution, and deserves much the higher consideration.”
Should the Declaration of Independence supercede the Constitution? Like Abraham Lincoln felt, yes, I propose so.
“All men are created equal with the unalienable rights of life, liberty, and the pursuit of happiness.” That is our right under the Declaration of
(Does anyone need me to explain how “all men are created equal” does include “all women?” In case you do, just think of the Spanish language,
or other similar languages, that when you refer to “men and women,” you simply use the masculine.)
It is the Declaration that gives us the right to have rights. It is the Declaration that gives us the right to exist as a Nation. It is the
Declaration that gives us the right to have our own Constitution.
In fact, the Declaration as Law of this Land already exists in our Constitution. Article VII reads, “The Ratification of the Conventions of nine
States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.” Indeed, the Declaration is make
the Constitution binding upon the States.
Samuel Adams even echoed this sentiment in 1794, “This Declaration  was received and ratified by all the States in the Union, and has never been
And in 1897, the United States Supreme Court in the case of Ry. Co. v. Ellis also echoed this, “[The Constitution] is but the body and the letter of
which the [Declaration] is the thought and the spirit, and it is always safe to read the letter of the constitution in the spirit of the Declaration
But sadly, the Constitution is failing to protect and uphold our rights under the Declaration.
Let us review the historic failures of the Constitution, and how these failures would have been prevented if the Declaration came first.
Slavery. This was a constitutional system before the 13th Amendment. When Abraham Lincoln tried to put an end to slavery, he was violating the
Constitution. The South was correct to secede. They had a constitutional right to slavery. However, slavery was always undeclarational, and if the
Declaration would have came first, the Civil War could have been prevented.
Then, in 1893, we have the overthrow of the Kingdom of Hawaii. Is imperialism constitutional? Perhaps. But is imperialism declarational? No.
And it wasn’t until almost 150 years after the Declaration, did we resolve the issue of women’s right to vote in 1920. Constitutionally, they did
not have a right to vote, but declarationally, they did.
Let’s not forget about our very own concentration camps, the Japanese Internment Camps, which the Supreme Court even ruled were constitutional. But
were they declarational? No.
Then, there was the Tuskegee syphilis experiment, where our government poisoned our own citizens, which was actually unconstitutional, but our
government, which took an Oath to honor the Constitution, somehow thought this was constitutional. But the cruel experimentation on humans?
And sadly, we even have our own Tiananmen Square right here in America. The Kent State University shooting in 1970. Our government opened fired on
unarmed American civilians for exercising their First Amendment rights, and actually, slaughtered Americans during that incident. Again, somehow, our
government, which took an Oath to the Constitution, thought this was constitutional. It wasn’t, but was it declarational? No. In fact, the reason we
had the American Revolution was so that the government would not open fire on its own citizens, like the British did at Concord and Lexington.
And all wars, since World War I, have been unconstitutional. And yet again, somehow, our government, and even the American People, seem to think that
these wars were constitutional. They aren’t. But let there be no mistake, they have been undeclarational.
But a quick note about World War II. If any War is waged to be an end to the slaughter of innocent People, then that would be both constitutional and
declarational. However, this is not why America entered WWII. In fact, when our government learned of the horrors of the Holocaust, they did not allow
Jews to enter this country. They sent them back to Germany to be slaughtered. How could anyone think this was constitutional, but it was clearly
And when President Roosevelt provoked the Japanese into attacking us, by amassing our Pacific Fleet at Hawaii, and denying Japan access to natural
resources, this was constitutional, but it was undeclarational. Pearl Harbor could have been prevented and MILLIONS of innocent People could have been
saved...if your government would have put the Declaration first.
Today, our government somehow thinks dropping bombs on innocent women and children is constitutional, that the wars in the Middle East are
constitutional, that the Patriot Act is constitutional, that certain taxes are constitutional, that suppressing our Bill of Rights is constitutional,
that a failing education is constitutional, that a crippling infrastructure is constitutional, and that enslaving more than half the world is
constitutional, and the argument could sadly be made that they are (as our government currently makes), but let there be NO mistake, all of these
actions are unequivocally undeclarational.
Therefore, as Abraham Lincoln felt, the Declaration of Independence should supercede the Constitution when it comes to Law and what our government
does, and we should have a government "of the People, by the People, for the People."
edit on 8-5-2014 by iosolomon because: (must be filled