EconChick
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- Feb 15, 2014
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Concluding Remarks: The Declaration in Modern Context
What place does the Declaration of Independence have in modern political discourse? Is it a basis for the formulation of law and public policy? Are its principles still binding? Are its themes preserved in the Constitution? Does it aid in interpreting the religion clauses? What does it contribute to the debate over original intent?
The first thing that can clearly be stated about the Declaration is that it is not law. That is, none of its provisions can be law unless enacted into law. The Declaration is inspiring, but its most inspirational parts today remain in the realm of politics, not law. It mostly represents a ringing statement of political philosophy from a past age. The Declaration did not purport to create a new government or to enact any new laws. The bulk of it is exactly what it claimed to be: an announcement to the world of American reasons for renouncing its ties to Great Britain. New governments and new laws were created later-in state constitutions and the Articles of Confederation.
The present Constitution depends on the Declaration's theory that the people are empowered to alter their form of government. The Constitution was not ratified under the procedures for amending the Articles of Confederation but instead by a new and independent act of the American people. The people today could again abandon their Constitution and adopt an entirely new one. They need not use the Constitution's amendment procedures unless they wish to leave the present Constitution in effect."
Constitutional interpretation is aided little by the Declaration. The thirteen years between the adoption of the Declaration and the ratification of the Constitution was a period of intense political change. The Declaration's loose, free-wheeling philosophy of the people's "rights," preserved to a large degree in the Articles of Confederation, gradually gave way to the Constitution's more structured framework that was necessary to support a strong national government. if today we find tensions between the Declaration and the Constitution, it is mostly because new views had come to prevail. Throughout the debates of the Convention, there was virtually no discussion of Nature's God, natural rights, or consent of the governed. As Roger Sherman understood it, the question was "not what rights naturally belong to man, but how they may be most equally and effectually guarded in society." The Declaration cannot change the meaning of the Constitution; at most it can make proposed interpretations seem more or less plausible."
The Declaration might be helpful in construing the Ninth Amendment, which provides, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Though it is largely ignored in modern constitutional adjudication, this clause writes the Declaration's philosophy of unalienable natural law rights into positive law. The Declaration is too broadly written, however, to be of much help in defining the content of these unenumerated rights.
More: Declaration of Independence Is Not Law
Yes, thank you for showing why those of us that respect the founding principles of this nation despise you revisionist pieces of excrement.
First of all you got the "inspiring" part right. When the system is perceived as broken by so many of its citizens, I suggest it's time to pay attention to what's inspiring people.
As for "a ringing statement of political philosophy from a past age," .....yeah, it's passe all right. One way or the other you liberal morons are going to find out how many tens of millions consider that belief on YOUR part as heresy. Throwing our foundations completely out the window. Yep, you have no idea what sleeping giant awaits....
And of course you would interpret it as only dealing with severing ties with Britain.
I don't suppose you realize the extreme liberal bias of that piece of shit article, do you?
Yet you libs act as if these biased pieces are neutral.
Wake up.