Note: I'm not a legal scholar and not the strongest student of history, so 2 cents and all, with salt...
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Also, Judge Andrew Napolitano is the single greatest living individual on this planet, so I would never consider doubting anything he says, ever.
This is clearly lacking in intellectual rigor. All humans are fallible, and all ideas and persons should be subjected to healthy criticism.
Perhaps you can, being privately educated, understand the intellectual significance of appealing to authority in the way you are.
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If you believe the country's founding document, which the Congress voted to adopt, does has legal force, than it is not only the law but our duty to "alter or abolish" any such government that violates Natural Rights.
The Declaration and its signing were not an act of creation, only an act of destruction, destruction of political bands and identity with a tyrannical government.
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Originally Posted by rpr
But implying that the Declaration has no legal authority is like saying DNA has no effect on your body, but then still celebrating the National Genome Day every year.
I doubt this is a legal argument. Just saying, if you want to prove the Declaration is law you need to make a legal argument not an analogy.
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What truly is ironic is not realizing that Violation of the Constitution is a Violation of Natural Rights which is what the Declaration is declaring. It's acknowledging that our rights come from God not the King or government. A violation of that is a violation of the spirit, nature, being and existence of the Constitution.
The Declaration is just that - a declaration of independence and a(n implicit, iirc) statement of intention to create a new government. It is not in itself the creation of a government or body of laws. It is a statement of principles, principles which will be used as a guiding light for future legal interpretations, but which are not in and of themselves law.
The government was one that was created on a system of laws, and which therefore needs to codify any idea for it to become usable within that system. The Declaration was not codified (to the best of my knowledge) into the
applicable legal code, and therefore is not able to be referenced, save insofar as it guides the opinions of judges on issues of intent of early law, and guides their approach to legal interpretation in general. The Constitutional Convention was formed precisely to create a(n amended) legal framework through a process of compromise, debate, and politicking that would satisfy all political bodies involved in the process. If they did not specifically codify the Declaration's text in the newest version of law then it does not legally apply to the system of governance they created.
Besides, the Declaration does not properly construct a coherent legal system, and aside from those simple and few natural rights it enumerates, is extremely short on "legal" declarations. To claim it as a founding document in the
legal sense seems inappropriate.
And this is precisely where your definitions get mixed up. By definition the Constitution is
the founding document of the current US government. It enumerates the laws, rights, and formulation of the government we exist in. It does this, and anything prior to this no longer remains applicable as the law of the land, save for the instances I mentioned before. It is the product of an attempt to amend the previous founding document, and is a creation of a
new government and "nation"(-
state).
The ideas of the Declaration are a system of law - but not one in use by the current government. Natural Rights are enforceable only insofar as individuals internalize and act on their principles. If an individual does not believe in the concept of these rights as dictated in the Declaration, he is under no legal requirement to live by them.
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Oh the joys of someone educated with propaganda!
Really unnecessary. Is this helping your position, or is this trolling? What does the latter accomplish? Why should I respect your opinions when you are going to come out and trash talk like this, and why should you have any moral high ground to say you shouldn't respond to other posters when they somewhat insulting and rude posts questioning your assumptions?
For the record, I was privately schooled up until college so I'm not taking personal offense here. But it is one thing to say, "there are issues with public schooling and the mainstream intellectual culture," and explain the distinctions, and another thing to make unnecessarily inflammatory comments. Note how the framing and voice will dictate the responses you will receive.
You are turning this into an ego contest, and shifting the focus from the issues. This ego contest is going to further cloud your judgment - already so clouded by your blind spot regarding Judge Napolitano.
PS. TSA/DHS are a disaster imo