The Bookworm: The Declaration of Independence & The Constitution of the United States

The Declaration of Independence & The Constitution of the United States. 97 pages. Bantam Classics. July 1998.

By the time the Articles went into effect, some observers thought that the government the Articles created was already outmoded. The states’ first constitutions, which were enacted between 1776 and 1780, had moved from creating government in which power was heavily concentrated in the elected legislatures toward a greater separation and balancing of powers. But the “new” government under the Articles of Confederation consisted of a unicameral legislature that held legislative, executive, and judicial authority, as had the Second Continental Congress. It looked like a throwback to the governments of 1776, which, given the rapid changes that occurred in American constitutionalism over the next five years, looked very old hat by 1781 (p. 18).

While searching for a birthday gift for my dad at Iowa Book, I spotted copies of The Declaration of Independence & The Constitution of the United States. They were stacked along the wall as if there was no room for them on the shelves above. Regardless, I was immediately curious and flipped through a copy.

Though I probably read it back in eighth grade for American History (at least the preamble and Bill of Rights), I have been meaning to reread the Constitution for a while. It is vital reading since it is the foundation for our federal government — distributing power, laying rules, and providing a framework for American republicanism. Ideological talking heads from all points on the political spectrum pick and choose useful parts of the Constitution, or distort its meaning, to champion their opinions, so I think it is necessary to cut through the bull and find out for oneself what it says. Priced at $4, it was hard to resist buying. (Basically, and in some twisted way symbolically, it was akin to an impulse purchase.)

Obviously neither the DoI or Constitution add up to 97 pages (or were first published in July 1998). The first 51 pages are filled by a worthwhile and informative introduction “by America’s premier scholar of the American Revolution, Pauline Maier” and her notes. She summaries the events leading to and the crafting of each of the American “triumvirate”: the DoI, the Constitution, and Bill of Rights. Most interesting for me was the history of the DoI. Thomas Jefferson is often portrayed as the DoI’s sole mastermind, but in fact he played a key role in the committee created to draft a declaration, which included Jefferson (from Virginia), John Adams (from Massachusetts), Robert R. Livingston (from ever abstaining New York), Roger Sherman (from Connecticut), and Benjamin Franklin (from Pennsylvania). Years afterward, Adams recalled that the committee met several times and discussed (over beers?) what the declaration should say and gave Jefferson the job “to realize its ideas on paper.” Once Jefferson had a draft, the committee made revisions before presenting it to the Continental Congress, where more revision were made. (The details of all this are quite sketchy. Adams’ later recollections often contradict his early accounts of what happened, so there is no exact record of what the drafting committee discussed.) Also, the DoI was not very original; it was molded after a preamble Jefferson wrote for Virginia’s own declaration of independence, the English Declaration of Rights, and Virginia’s Declaration of Rights, written by George Mason.

I do not mean to sound jingoistic, but it is hard to read the DoI without feeling a great sense of pride. Imagine the balls it took to kick sand into King George’s face and belittle English monarchy. The concept of monarchy makes me sick, so a bold declaration like “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” gave me a raging boner.

After it became evident that the Articles of Confederation were not cutting it — the states were running roughshod over the federal government and it had little power to do anything — the Constitution was cobbled together between May and September of 1787 at a convention in Philadelphia. Yeah — five months. And the result was apparently not 100 percent satisfactory; everyone seemed to have their own objections to it. Even Benjamin Franklin said, “there are several parts of this constitution which I do not at present approve” (p. 32). However, being old and wise, he admitted he may change his mind in the future and that nothing close to perfect could be attained when you assemble a diverse group of men with “all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views” (p. 32). Quite an inauspicious beginning for our current government, no? The Constitution’s shortfalls were what prompted the development of the Bill of Rights, which consisted of 12 proposed amendments. Ten were approved by the states and became part of the Constitution in 1791.

As literature, the Constitution is a legalistic bore. It is vital reading, like I said, but it is far from engrossing. It lays the foundation for the three separate branches of government, their respective limitations and powers, and who is eligible to serve in each; it outlines the process for elections (including the appointment of Electors — i.e., those coveted voters for the Electoral College) and delineates the jurisdiction of the federal government and states. It is pretty straightforward, though the eighteenth century legalese is murky in places; I now know why its meaning is often debated.

The Bill of Rights is pretty straightforward as well, but subsequent amendments, including those added in the last 100 years, are very legalistic and precise, mostly due to their inspirational circumstances (FDR’s four terms and Kennedy’s assassination). Most interesting for a beer lover like myself was the Twenty-First Amendment, which repealed prohibition (established by the Eighteenth Amendment). Interestingly, the Twenty-First only repealed prohibition at the federal level. Section 2 states:

The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

According to the Twenty-First’s Wikipedia page, “This has been interpreted to give states essentially absolute control over alcoholic beverages…” After the Twenty-First’s ratification, some states remained completely dry. In fact, Mississippi remained dry until 1966 — 33 years after prohibition was “repealed.” Ouch.

Words I did not know: (Please note: I have renamed this section “Words I did not know” because it is a better reflection of my reading experience. They are truly words I did not know or recall their meaning. “New words I learned” is a bit of a stretch, especially since I do not automatically “learn” them when I look up their definition. I wish that happened, but no.) All definitions are courtesy of my MacBook dictionary. Exigency: “an urgent need or demand.” Omnibus: in this instance it means “comprising several items.” Attainder: “the forfeiture of land and civil rights suffered as a consequence of a sentence of death for treason or felony.” Ex post facto: “with retroactive effect or force.” Consanguineous: “relating to or denoting people descended from the same ancestor.” Emoluments: “a salary, fee, or profit from employment or office.”