Debate Magazine

You Say You Want a Revolution????

Posted on the 30 June 2022 by Doggone

I often note that the Declaration of Independence is a historic document, not a legal one, under the US Constitutional Framework. Per the US Constitution itself:

Article VI, Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
So, mentions of inalienable rights, all men being created equal, and so forth really don't carry much legal weight.

That's because the Declaration of Independence was written as a justification for why the US should be independent from Britain. And in light of current events, it's full of bullshit.

Take, for example, these two complaints:

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

One of the main complaints of the people drafting this document was that the unelected, government in Britain was abrogating laws made by the colonial legislatures.

Or more concisely, unelected officials were taking away our Charters, abolishing our most valuable Laws,

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

In short, the unelected officials wearing robes were destroying popularly enacted laws.

The gets to the topic of judicial deference, which also means that judges are umpires, not legislators.

There are reasons of public safety and good public policy WHY some laws should be on the books.

Also, there is the rule of law, which seems to have disappeared under the "conservative" atmosphere in the US.

On the other hand, the US was founded on the concept that unelected officials shouldn't be messing with laws the most wholesome and necessary for the public good.

On the other hand, the tories pointed out that they would rather be ruled by one tyrant a thousand miles away than a thousand tyrants a mile away.

Oh, and since I mention the Second Amendment, these were complaints made by the colonists:

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

Nothing about private arms.

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