One sparks a revolution, while the other structures a nation. Do you know the difference between the Declaration of Independence and the Constitution?
No matter where you grew up, you’ve surely heard of the two chief documents that laid the foundation of America. But when it comes to specifics of the Declaration of Independence vs. the Constitution, most of us stumble on what exactly sets them apart. And since your fundamental rights—like freedom of speech—depend on knowing which document to look into, we’re here to clear up the difference once and for all.
Packed with history and visionary ideas (and even a few glaring mistakes!), these two documents serve very different purposes. In a nutshell, the Constitution lays out how America is governed, while the Declaration of Independence boldly announces its historic break from Britain. But beyond that, the two also differ in purpose, content, legal standing and timing while they continue to shape America today.
Read on to discover how your everyday rights are affected by the Constitution vs. the Declaration of Independence.
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The Declaration of Independence vs. the Constitution: What’s the difference?
In short, the Declaration of Independence states that the United States of America is a country in its own right, independent of England, and includes a list of grievances against the king of England. Meanwhile, the Constitution formed our federal government and set the laws of the land.
Not sure whether to reference the Constitution vs. the Declaration of Independence? Consider the document’s name: The Declaration of Independence declared America’s independence.
Another difference is that the Declaration of Independence did not have any amendments. The document was considered complete after the Founding Fathers signed it. The Constitution, on the other hand, was amended—the first Congress proposed 12 original amendments in 1789, and those that were ratified became the first 10 amendments of the U.S. Bill of Rights.
Is the Declaration of Independence older than the U.S. Constitution?
According to the National Constitution Center, the Declaration of Independence dates back to 1776. The document was finalized on July 4 of that year, though representatives from all 13 colonies did not officially sign it until Aug. 2.
The U.S. Constitution wasn’t written until the Constitutional Convention, from May 25 to Sept. 17, 1787.
Who wrote the Declaration of Independence and the U.S. Constitution?
Thomas Jefferson was the principal drafter of the Declaration of Independence and went on to serve as the third president of the United States.
James Madison, who is considered the Father of the Constitution, would go on to serve as the fourth president of the United States.
What are the preambles?
The preamble to the Declaration of Independence begins with this famous sentence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
The U.S. Constitution begins with “We the people of the United States of America,” which is notable because it shows that the Constitution is—to borrow a line from Abraham Lincoln‘s Gettysburg Address, “of the people, by the people, for the people.” At the time it was written, the idea of a government “for the people” was novel.
Who signed both documents?
One of the most common misconceptions about the Declaration of Independence vs. the Constitution is that both documents were drafted and signed by the same people. Despite being written just 11 years apart, only six men—George Clymer, Benjamin Franklin, Robert Morris, George Read, Roger Sherman and James Wilson—signed both.
Jefferson was not involved in writing or signing the Constitution and wasn’t even in the United States in 1787 for the Constitutional Convention. At the time, the future third president was serving as the American Minister to France.
Which document has more signatures?
Declaring independence was a historic moment but also one fraught with peril for those who put their John Hancock on that document. It was seen as a treasonous act against England. Given that, it’s surprising that there are more signatures on the Declaration of Independence (56) than on the Constitution (39).
Did these documents create equality?
No, and they didn’t attempt to. An important note in the Declaration of Independence vs. Constitution discussion is that neither document condemned nor attempted to halt the business of slavery, despite the Declaration of Independence’s preamble stating “all men are created equal.”
Some believe Jefferson used the term men as a stand-in for humanity. According to Constitution Facts, “Jefferson had originally included language condemning the British promotion of the slave trade,” but that language was later edited out. Jefferson himself was a slave owner, and he was no longer alive when Black Americans became free.
Meanwhile, the Constitution allowed for each slave to count as three-fifths of a person when determining taxation and representation in Congress, in what became known as the Three-Fifths Compromise. Smaller, Southern slave-owning states were wary of larger states having too much power in the House of Representatives and argued that slaves should count in some way toward their population counts.
At the time the Declaration of Independence was written, women were not included in the “all men are created equal” statement, either. In addition to not uniformly having the right to vote until the passage of the 19th Amendment to the Constitution in 1920 (much later than many other countries), most women were essentially considered the “property” of their fathers or husbands back in 1776.
How many copies of each were made?
John Dunlap printed about 200 copies of the Declaration of Independence and distributed them throughout the colonies. Those precious copies are now known as Dunlap Broadsides—and they’re super rare and worth a fortune.
According to a New York Times report, experts think that only 24 of these copies still exist. The next time you’re at a yard sale, keep your eyes peeled. In 1989, one lucky shopper unknowingly purchased a previously unknown Dunlap Broadside for $4 at a flea market and sold it for $2.4 million in 1991.
The Constitution, on the other hand, was written down only once. But 14 copies of the Bill of Rights were produced, one for each of the original 13 states and one for the federal government to keep.
Where are the Declaration of Independence and the U.S. Constitution today?
Visit the Rotunda for the Charters of Freedom, housed inside the National Archives in Washington, D.C., to see the original Constitution, the original Declaration of Independence and the original Bill of Rights (with the original 12 proposed amendments, including the two that were not ratified).
FAQs
What are the founding documents in order?
The Declaration of Independence (1776), the Constitution (1787) and the Bill of Rights (1791) constitute the founding documents. Together, they are also called the Charters of Freedom.
Where does it say “all men are created equal”?
In the Declaration of Independence. It’s a common misconception that these are words from the Constitution or a speech.
More specifically, they appear in the Preamble to the Declaration of Independence that Thomas Jefferson penned: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
How have interpretations of the Declaration of Independence and the Constitution changed over time?
Certain words and phrases in these founding documents are interpreted differently today than they were when they were drafted. Consider that famous opening to the Declaration of Independence and its much-debated “all men” line. Stanford historian Jack Rakove argues that the phrase “all men are created equal” didn’t refer to individual equality but rather the collective self-government rights of the American people. It was years before people began seeing it as a commitment to individual equality instead of statehood.
Views on the Constitution and its amendments have also shifted over time. But the founding document is still debated today—just look at different people’s interpretations of its stance on hot-button issues like abortion, gun control and the separation of church and state. The Constitution was written 238 years ago, and the Founding Fathers couldn’t have imagined modern life or social norms. That’s why constitutional law and debate are so crucial.
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Sources:
- National Constitution Center: “Constitution FAQs”
- Constitution Facts: “James Madison, Father of the U.S. Constitution”
- Library of Congress: “Creating the Declaration of Independence”
- Constitution Facts: “Fascinating Facts about the Declaration of Independence”
- National Constitution Center: “The Three-Fifths Compromise”
- The New York Times: “Declaration of Independence Sells for $2.4 Million”
- National Constitution Center: “Bill of Rights FAQs”
- USA Gov: “Learn about the United States’ founding documents”
- National Archives: “America’s founding documents”
- Stanford News: “How the meaning of the Declaration of Independence changed over time”
