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The Declaration of Independence.

Throughout his speeches and writings Lincoln made these points clear, yet sometime in 1860 he encapsulated in less than one page his view of law, the Constitution, the Declaration of Independence, and the role of inherent truth in the American regime. With the Civil War about to begin, the sectional conflict had reached its crisis. This piece, known to us as "Fragment: The Constitution and the Union," was never delivered to an audience or sent as correspondence. In this fragment, however, Lincoln outlines the nature of the American Founding, the philosophy of natural rights, its incorporation and centrality in the American regime through the Declaration of Independence, the need to maintain the centrality for America to survive, and how that is accomplished through the application of those principles to the Constitution. "The Constitution and the Union" is a systematic argument for a natural rights approach to constitutional interpretation.All this is not the result of accident. It has a philosophical cause. Without the Constitution and the Union, we could not have attained the result; but even these, are not the primary cause of our great prosperity. There is something back of these, entwining itself more closely about the human heart. That something, is the principle of "Liberty to all"-the principle that clears the path for all-gives hope to all-and, by consequence, enterprise and industry to all.

The expression of that principle, in our Declaration of Independence, was most happy, and fortunate. Without this, as well as with it, we could have declared our independence of Great Britain; but without it, we could not, I think, have secured our free government, and consequent prosperity. No oppressed people will fight, and endure, as our fathers did, without the promise of something better, than a mere change of masters.

The assertion of that principle, at that time, was the word, "fitly spoken," which has proved an "apple of gold" to us. The Union, and the Constitution, are the picture of silver, subsequently framed around it. The picture was made, not to conceal, or destroy the apple; but to adorn, and preserve it. The picture was made for the apple-not the apple for the picture.

So let us act, that neither picture, or apple, shall ever be blurred, or broken.

That we may so act, we must study, and understand the points of danger.

Taken from Abraham Lincoln "Fragment: The Constitution and the Union (1860?)"

Also see, "An Apple of Gold: Abraham Lincoln and Constitutional Interpretation by Kevin Portteus

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