Symbolic Constitution: Six Iconic Texts Shaping American Identity

The United States, a nation of diverse languages, faiths, and ethnic backgrounds, finds a unifying symbol in its written Constitution. However, it is not the sole text that defines the American creed. There exists a "symbolic constitution," a collection of iconic texts that supplement the written Constitution, helping to bind the nation together and articulate its constitutional culture.

The Six Iconic Texts of the Symbolic Constitution

This symbolic constitution comprises exemplary, though not exhaustive, texts that hold a status almost equivalent to the written Constitution. These texts, which can originate from private citizens or government branches, and span different eras, are meditations on, reflections of, or embodiments of deep constitutional principles. They are texts that unify Americans across political and religious divides.

After a thought experiment, the following six texts are identified as central to this symbolic constitution:

1. The Declaration of Independence: A foundational document articulating core American ideals.
2. The Federalist Papers: A series of essays advocating for the ratification of the U.S. Constitution.
3. The Northwest Ordinance: A 1787 act of the Confederation Congress that organized the Northwest Territory.
4. The Gettysburg Address: Abraham Lincoln's pivotal speech delivered during the Civil War.
5. Brown v. Board of Education: The landmark Supreme Court case that declared state-sponsored segregation in public schools unconstitutional.
6. Martin Luther King Jr.'s "I Have a Dream" speech: A powerful address advocating for civil rights and racial equality.

These selections are consistently nominated by diverse audiences across the country, suggesting a widespread consensus on their importance. While some might suggest alternatives like the Emancipation Proclamation or other Supreme Court cases, the core five (Declaration of Independence, Federalist Papers, Gettysburg Address, Brown v. Board of Education, and "I Have a Dream" speech) are almost universally recognized. The Northwest Ordinance, while less universally known, holds particular significance in the Midwest.

The Existence and Nature of the Symbolic Constitution

The consistent nomination of these texts across different demographics proves the existence of a symbolic constitution. These texts possess a special normative force and authority within American constitutional culture. While they do not supersede the written Constitution when it is clear, they serve to clarify its meaning in ambiguous areas, guiding interpretations and anchoring the written document. This symbolic constitution is a crucial element of America's unwritten constitution, distinct from the "lived constitution" of everyday life, as it represents a more reflective understanding of American identity and constitutional principles.

Interconnectedness of the Texts

These iconic texts are not isolated but form a system, a network of meaning, deeply connected to each other:

• The Gettysburg Address explicitly alludes to the Declaration of Independence, beginning with "Four score and seven years ago," referencing 1776.
• Martin Luther King Jr.'s "I Have a Dream" speech was delivered in front of the Lincoln Memorial, connecting it to Abraham Lincoln and, by extension, the Gettysburg Address. King's speech also directly invokes the Declaration of Independence with its themes of life, liberty, the pursuit of happiness, and the idea that all men are created equal.
• Remarkably, many of these texts are linked to two key figures: Thomas Jefferson and Abraham Lincoln.
  • Jefferson authored the first draft of the Declaration of Independence and the Northwest Ordinance. His political ally, James Madison, co-authored the Federalist Papers.
  • Lincoln, who grew up in the Northwest Territory, delivered the Gettysburg Address. Dr. King's speech echoes Lincoln's legacy.
  • The Brown v. Board of Education decision was authored by Earl Warren, a Republican, while other members of the court were Democrats, reflecting the two-party system.

Jefferson and Lincoln are often seen as the patron saints of the two major American political parties, and their prominence in these texts highlights the partisan processes that have shaped American historical narratives and the elevation of certain figures and documents. The inclusion of Jefferson and Lincoln alongside George Washington on Mount Rushmore further solidifies their status as central figures in America's symbolic constitution.

Connection to the Written Constitution and the American People

Each of these symbolic texts is directly connected to the written Constitution and has been ratified by the American people, imbuing them with special constitutional significance:

• The Declaration of Independence was drafted in Independence Hall, the same location where the Constitution was later proposed. Both documents are housed side-by-side in the National Archives, symbolizing their inherent link. The Constitution is often seen as the fulfillment of the Declaration's promise to secure rights and establish a government based on the consent of the governed.
• The Federalist Papers are a profound meditation on the written Constitution. Their significance is underscored by their bipartisan appeal (co-authored by Hamilton, a Federalist, and Madison, a Jeffersonian Republican) and their frequent citation by the Supreme Court, including over 300 times in its history.
• The Northwest Ordinance contains language prohibiting slavery and involuntary servitude, which was later adopted almost verbatim in the 13th Amendment, Lincoln's anti-slavery amendment. This demonstrates a direct textual inscription of the Ordinance's vision into the written Constitution.
• The 14th Amendment, with its declaration that everyone born in the United States is an equal citizen, textualizes Lincoln's interpretation of Jefferson's idea that "all men are created equal." This "new birth of freedom" from the Gettysburg Address is thus codified into the Constitution. The 13th, 14th, and 15th Amendments collectively represent a textual ratification of Lincoln's vision.
• Brown v. Board of Education and Martin Luther King Jr.'s "I Have a Dream" speech are meditations on the meaning of "equal" in the Constitution. King's vision directly influenced the passage of the Civil Rights Act and the Voting Rights Act, as well as amendments like the 24th (anti-poll tax) and 26th (young adult voting), which are textual codifications of his ideals. The national holiday honoring Dr. King, much like the celebration of July 4th (which commemorates the adoption of the Declaration of Independence), signifies the American people's ratification of these texts and the values they represent.

In conclusion, the symbolic constitution, composed of these iconic and interconnected texts, serves as a vital complement to the written Constitution, shaping American identity and providing a shared understanding of the nation's core principles.