The US Constitution vs. The Declaration of Independence: A Shift in Charter

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The International Institute for Strategic Studies (IISS) highlighted in a 2026 analysis that the U.S. Constitution, not the Declaration of Independence, has become the nation’s foundational legal charter, a shift underscored by historical compromises over slavery. This reorientation, the report noted, reflects evolving interpretations of American governance rather than a formal revision of constitutional principles.

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Historical Context of the Declaration and Constitution
The Declaration of Independence, adopted in 1776, established the philosophical underpinnings of American liberty, asserting that “all men are created equal.” However, the Constitution, ratified in 1788, created the framework for the federal government. The IISS report emphasized that while the Declaration remains a symbolic touchstone, the Constitution’s provisions—particularly those addressing slavery—shaped the nation’s legal and political trajectory.

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The Slavery Compromise and Its Legacy
A pivotal moment in this shift was the Three-Fifths Compromise of 1787, which counted enslaved individuals as three-fifths of a person for representation purposes. This agreement, the IISS noted, embedded slavery into the constitutional structure, privileging the interests of states with large enslaved populations. The report cited historian Eric Foner, who stated, “The Constitution’s silence on slavery’s moral dimensions allowed it to persist, redefining the document as a practical governance tool rather than a moral manifesto.”

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Modern Reinterpretations and Legal Precedents
The IISS analysis pointed to recent Supreme Court rulings and scholarly debates as evidence of the Constitution’s enduring centrality. For instance, the 2022 decision in Students for Fair Admissions v. Harvard referenced constitutional principles to address affirmative action, illustrating how the document remains the primary legal reference. The report also noted that the Declaration’s ideals, while influential in civil rights movements, have been interpreted through the lens of constitutional law rather than as a direct legal authority.

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Comparative Perspectives on National Identity
The IISS contrasted the U.S. approach with other nations, where foundational texts often serve dual roles as both philosophical and legal documents. In contrast, the U.S. experience has seen the Declaration’s symbolic power grow alongside the Constitution’s practical governance role. The report quoted political scientist Dr. Linda Bell, who remarked, “The U.S. model reflects a tension between aspirational ideals and pragmatic governance, a duality that defines its national identity.”

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Implications for Contemporary Debates
The IISS emphasized that the constitutional focus shapes modern debates on federalism, individual rights, and social justice. For example, discussions about voting rights and judicial appointments frequently cite constitutional amendments and interpretations rather than the Declaration’s language. The report concluded that while the Declaration’s legacy endures in cultural and moral discourse, the Constitution remains the operational foundation of American democracy.

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“America’s constitutional framework has evolved to address new challenges, but its core principles remain rooted in the compromises of the past,” according to the IISS report.
Source
International Institute for Strategic Studies, “America’s Quarter-millennium,” 2026.