>> The Declaration has no more legal weight than Thomas Paine's pamphlets...No lawyer would agree with your statement about the Declaration.
Let's see if we can remedy such perception, but before you read on, let me ask you this: Two judges write opinions based on their interpretation of the Constitution. Judge "A" writes his opinions purely based on his personal beliefs of right or wrong while judge "B" bases his decision in part on the ideals described in the Declaration of Independence. As an American, which opinion do believe carrys more weight?
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bcri.org
Brown v. Board of Education
What this legal challenge represents is at the core of United States history and the freedoms we enjoy. The U.S. Supreme Court decision in Brown began a critical chapter in the maturation of our democracy. It reaffirmed the sovereign power of the people of the United States in the protection of their natural rights from arbitrary limits and restrictions imposed by state and local governments. These rights are recognized in the Declaration of Independence and guaranteed by the U.S. Constitution.
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commdocs.house.gov
2004
APPROPRIATE ROLE OF FOREIGN JUDGMENTS IN THE INTERPRETATION OF AMERICAN LAW
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Ms. JACKSON. Thank you, Congressman Feeney, for your questions. I'll try to respond to them.
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But I think the Declaration of Independence is also relevant in another respect here, if I may. The second paragraph of the Declaration begins with the statement that ''there are certain truths that are self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights.'' And while the Declaration of Independence, of course, is not our Constitution, I think it is not unreasonable to look at some of the rights-protecting provisions in our Constitution as a written effort to provide protection to rights that were understood to attach to all people by virtue of their being people.
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inboxrobot.com
High court weighs morality of executing teen killers 15 Oct 2004 07:34 GMT
... executing teen killers WASHINGTON (AP) - The Supreme Court on Wednesday struggled to assess the morality ... relevant here? Justice Stephen Breyer asked. Justice Ruth Bader Ginsburg, quoting from the Declaration of Independence, said ...
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So if you search more, you will see that be it in Supreme Court decisions or Congressional hearings, the Declaration of Independence is not the irrelevant historical document you think it is.
Sun Tzu |
