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Declaration of Independence
Part of our Common Law
Foundation of American Constitution
[COMMENT: A piece below from John Haskins (see
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.
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
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.
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
Make sure you guys dig into the great material
at Kerry's site!
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Date Posted - 08/01/2008 - Date
Last Edited -