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To: Amelia
Dear Amelia,

Here is a paragraph from a speech of Keyes that puts the relationship rather nicely, IMHO.

****

"And that very simple train of logic, it seems to me, helps us to understand the relationship between the principles stated in the Declaration of Independence and what was then later formulated to be the instrument of government in this country, which is the Constitution of the United States. The Constitution represents an effort to put together a framework of government that reflects and respects the basic understanding of justice and right which is succinctly articulated in the Declaration. It is, to the Declaration, what an architect's drawing is to the scientific principles of engineering. So that the architect, with an understanding of those principles, puts together a framework in which those principles are embodied in a viable or workable model. And that is, of course, what our Founders were seeking to do when they put together the Constitution of the United States."

*******

And here is a link to the whloe text. "The Spirit of American Law"

A Delcarationist is one who holds that the political and philosophical truths in the Declaration are the touchstone of American political life, and consequently will use them for interpreting the Constitution, among other things. A Declarationist is also, in a large sense, a Constitutionalist, since the authors of the Constitution shared the vision of the Declaration. A mere Constitutionalist, like Justice Scalia, will not go back to the Declaration in his thought, but rests his case on the positive law set out in the Constitution alone. In practise, the two camps will often, even usually, agree.

Hope that Keyes and I did a decent job of expressing our thought, and that you find this reply helpful.

Richard F.

233 posted on 03/18/2002 6:46:00 AM PST by rdf
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To: rdf
the political and philosophical truths in the Declaration are the touchstone of American political life, and consequently will use them for interpreting the Constitution, among other things.

It had been my appreciation that a Declarationist is likely to appeal to the Declaration, in order to assist the processes of legal positivism where the Constitution won't permit it. But then, I've read too many quotations of William O. Douglas, perhaps.

A Declarationist is also, in a large sense, a Constitutionalist, since the authors of the Constitution shared the vision of the Declaration.

It was my recollection that the biggest Declarationist of all, Jefferson, who'd supposedly have sided with the Anti-Federalists if he'd been present for the Constitutional Convention, was hustled out of town with the embassy to France by the Federalists, who wanted him out of the way.

Even now, when I read Hamilton's argument that a Bill of Rights would be counterproductive, since it was the fixed object of the Federalists that the Constitution should always be considered as narrowly delegating powers to the federal government -- more accurately, under his massaging, the central government -- and therefore to enumerate rights might tend to diminish rather than fortify individual liberties........I can almost hear Hillary talking.

235 posted on 03/18/2002 7:56:50 AM PST by lentulusgracchus
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To: rdf
I can understand how a Declarationist would have been an Abolitionist during Civil War days, but I'm not sure that I understand why a Declarationist would have felt a war necessary to hold the Union together when some no longer wished to be bound by that union, and I certainly do not understand why a Declarationist would feel compelled to suspend the Constitution in order to make war to hold the Union together.
238 posted on 03/18/2002 12:55:20 PM PST by Amelia
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