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Americans love the Declaration. Rightly so. But American legal practice doesnt reflect and doesnt represent that same, uh, utilization in the Declaration, other than as a statement of political principle, not a statement of legal principle. Americans, since about the 1820s, have robustly debated the role of the Declaration of Independence in the political sphere and in the legal sphere. In the current debates that law professors engage in and scholarship and in public debates is nothing new. And its important that we, as Americans, and we, as law professors, get that relationship right because theres a lot at stake. The Declaration has phrases like, All men are created equal, and different people interpret that phrase differently, but regardless of how one interprets it, if the Constitution, in some form or facet, embodies that phrase, then that authorizes a different meaning for the Constitution with different implications. The strongest points of contention in the debate among
