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Series

Jurisprudence

Loyola University Chicago, School of Law

2016

Declaration of Independence

Articles 1 - 2 of 2

Full-Text Articles in Law

The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis Jan 2016

The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.


The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis Jan 2016

The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis

Faculty Publications & Other Works

This Article argues that the Reconstruction Amendments incorporated the human dignity values of the Declaration of Independence. The original Constitution contained clauses, which protected the institution of slavery, that were irreconcilable with the normative commitments the nation had undertaken at independence. The Thirteenth, Fourteenth, and Fifteenth Amendments set the country aright by formally incorporating the Declaration of Independence's principles for representative governance into the Constitution.

The Declaration of Independence provides valuable insights into matters of human dignity, privacy, and self-government. Its statements about human rights, equality, and popular sovereignty establish a foundational rule of interpretation. While the Supreme Court has …