Introduction to the Constitution

There is an indispensable relationship between the Declaration of Independence and the Constitution. This lesson explores the universal principles outlined in the Declaration and their implications for the form of just government. The argument of the Declaration culminates in the colonists’ solemn pledge to each other of their lives, their fortunes, and their sacred honor.

This lesson provides an account of the “general rule” or first authority cited in the Declaration of Independence—“the Laws of Nature and of Nature’s God.” God is cited not only as a creator, but also as law-giver, protector, and judge—the implication being that only He can rightfully exercise all three functions of government. The meaning of the word “nature” is explained from its etymological roots to its revolutionary implications.

This lesson draws upon the explanation of nature from the previous lesson to discuss one of its most important implications: equality. Far from an elaborate or vague concept, equality is a simple and clear principle, and is rooted in the fundamental human capacity to speak.

This lesson builds upon equality, the main idea in the previous lesson. It draws out the political implication from the principle that all men are created equal: no one among us can rule the rest unless we give that person permission to rule. Like the principle of equality, consent of the governed is of fundamental importance for understanding the government of the United States.

Representation is the means by which the principle of the consent of the governed is applied and maintained in the government. Without representation, the people lose their ability to consent. Therefore a mechanism is necessary by means of which the people can regularly express their consent. For the United States, this mechanism is the Constitution. Ultimately, representation allows for citizens to entrust the governing of the country to a few people while still retaining the crucial ability to control the power of the government. This feature provides a beneficial check both on the people and on the government, and thus is favorable to liberty.

This lesson explores the question of sovereignty in the United States. In a representative and federal government, it is sometimes difficult to see who has the supreme authority, or the final say in matters of great importance. The principles of American government, however, require the sovereignty of the people. They express their will through a constitutional majority, although they themselves do not rule directly.

This lesson explores an important problem latent in majority rule. If the majority has the right to express the will of the people as a whole, it is important that its decisions be products of calm reason and not volatile passions. A democracy is just as capable as a monarchy of becoming tyrannical. Therefore the Founders designed the Constitution to enable the people as much as possible to make well-reasoned laws that are beneficial to the common good.

Built on the principles of equality, consent, and rule of the majority, the Constitution provides the sovereign people with the means for effective and reasonable self-governance. As the sovereign, the people separate the three functions of government into departments and delegate specific powers to each, which protects against tyranny and preserves liberty. To that end, the principle of separation of powers helps the people maintain control of their government.

While the separation of powers is the greatest of the institutional restraints on government, the principal restraint is a virtuous people. Ultimately, the maintenance of free government depends on the people themselves. Auxiliary precautions such as separation of powers and checks and balances are necessary, but they are insufficient. Experience has shown that a people will either be virtuous and free or else corrupt and ruled.

The Declaration of Independence asserts that government is legitimate only when the people consent to it. The election of 1800 demonstrated the legitimacy of the American system of government because the people were able to assert their will and change the government, according to the strictures of the Constitution. With the election of Thomas Jefferson to the presidency, the American people effected a change of government without firing a shot.

This lesson considers the great challenge to the Constitution posed by proponents of big government, in light of the many complicated problems of the modern world. This lesson explores the question: does the Founders’ Constitution enable the American people—by means of its system of representative government—to meet the new and pressing problems of today without compromising fundamental principles?

Progressivism asserts a new view of the purpose of American government. This political philosophy seeks to replace Founding principles—such as equality, consent of the governed, and separation of powers—with the belief that all ideas are true only in the contexts in which they develop. As a result, Progressives believe the universal and timeless claims of the Declaration of Independence, which serve as the foundation of American constitutionalism, are no longer true or relevant today.