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The Constitutional Defense: The Declaration of Independence The Declaration of Independence is part of the American legal system. The Supreme Court declared that it is not, but I believe they are wrong. I cannot fight the Supreme Court politically, so I will fight them with logic and facts. In my opinion, the Declaration of Independence is America's first legal document, and should still be legally recognized. At the top of the document, it says, "Action of Second Continental Congress, July 4, 1776 The unanimous Declaration of the thirteen United States of America." This is the document that declares the formation of a new country. This document established that the new country's name is the United States of America. The document was approved by the Second Continental Congress, which was the only federal government law-making body at that time, and it was adopted by all of the states. This proves it is a legal document, and because it establishes the name of our country, it is obviously America's first legal document. The more complicated part is proving that it is still a living document. However, there is proof in the declaration itself that it will be a living document as long as America exists. "...as FREE AND INDEPENDENT STATES, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which INDEPENDENT STATES may of right do." The Declaration of Independence effectively authorizes the writing and enactment of the Constitution, and every federal law. How can a document authorizing every federal law not be considered a living document? I appeal to the entire court system, and particularly to the Supreme Court to reinstitute the Declaration of Independence as a living document and part of America's legal system. |
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The Declaration of Independence enumerates some of our rights that are not protected by the Constitution. The rights specifically mentioned are the right to pursue happiness, and the right to alter or abolish the existing government and institute a new government whenever the current system denies or disparages individuals' rights. The first right should and can be secured by the government, but the second right is very hard for the government to secure, and the government will do everything in its power to prevent the abolition of itself. Any bureaucracy will fight as hard as possible and use all means necessary to prevent its death. This is why the government has and is taking every precaution possible to protect itself, often violating the Declaration of Independence and the Constitution in the process. Think about all of the rights, products, and information the government prohibits or regulates. The government has repeatedly tried to restrict certain information on the internet. It has severely restricted the manufacture, sale and possession of arms. It has restricted the right of free speech when it could harm the government, and it has occasionally restricted the right to peaceably assemble. It has kept some of its citizens in prison, even after evidence was found proving or strongly suggesting that they were innocent, so that it can continue to claim that the system does not make mistakes, in order to retain the appearance of integrity in the system. Members of the government have intentionally reported facts incorrectly so that it appears to the public that the system is working properly, and they have misreported historical events and documents to favor their laws and governmental programs. It has attacked other countries solely to direct the American public's attention away from problems the government is having. It has built up incredible power in the federal system, taking power away from states and individuals, making it stronger. It has given itself the authority to listen to citizens' phone conversations and read their internet correspondence. I could go on for dozens, possibly hundreds, of pages. The only solution to all of these problems is to try to abolish or severely alter the current government. However, because of all these infractions upon our rights, it has made this almost impossible. All we can really do, is try to get back our freedoms one at a time, and hope that the system doesn't continue to take them away faster than we can get them back. |
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