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Declaration of Independence
Part of our Common Law
Foundation of American Constitution

[COMMENT:   A piece below from John Haskins (see www.undergroundjournal.net )  We must recover the Biblical foundations of our government, as given in the Declaration.  For more on this, read, Defending the Declaration, by Gary Amos.      E. Fox]
 

As you know, I agree that the Declaration of Independence, as the national charter that legally created the United States eleven years before the Constitution was even ratified. The Declaration is part of the Organic Law of the United States.  This legal fact has been obscured by the legal profession and the militant secularists for years.
 The Constitution is NOT the founding document at all. It is merely a new and improved set of by-laws replacing our first "constitution," the Articles of Confederation. The Constitution merely defines the structure, functions and limitations of the legal entity created in 1776 by the Declaration.  It's legitimacy and legal force rest not only on the fact that it was ratified by the People, but also on the legal force and validity of the Declaration. The Supreme Court agreed circa 1895 that the Constitution cannot be interpreted except according to the document on which it rests, the Declaration if Independence. 
 If the Declaration and its principles were no longer legally in full force then there that would mean there is no longer a legal entity to which the Constitution even applies! If the Declaration is not the law of the land then in legal terms there is no United States of America. The Constitution did not create the entity. Therefore, the Declaration is THE fundamental founding legal document, and it must be binding law in order for the Constitution to be law. And if the Constitution is not law, then the federal government has no legal existence and is only as an expression of brute force. 

        [COMMENT:  the principle runs deeper even than that.  Legitimacy rests on the law of God, not on the Declaration itself.  There is only one government in the whole universe, that of God.  All government, and legitimacy comes from God and God alone.   All government not submitted to God is outlaw government.  (See "Defining 'Oughtness' & 'Love'"  E. Fox] 
 Moreover, inherent in the explicit U.S. Constitutional requirement that the federal government guarantee to the People of every state a republican form of government at every level.  Some of those principles are to be found in the Declaration. The Constitution requires the Federal government to enforce Republican legal principles upon the states. This has to include the most fundamental, the right to life.
 There are good people like Dr. Titus, Ron Paul, and perhaps our friend Atty., Kerry Morgan who may disagree with some of these points, but they are people with whom I unhesitatingly make common cause because their sincerity and fundamental objectives are not in question: they have paid and continue to pay a high price for their convictions.  Make sure you guys dig into the great material at Kerry's site!  http://revivetherepublic.com/

John...

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Date Posted -  08/01/2008   -   Date Last Edited - 09/15/2012