US Constitution = Declaration of Independence?

[Zeppy]

For a few days, I have been researching information for a Constitutional project where I found out about this legal philosophy/interpretation of the Constitution: Declarationism.

Alot of Europeans I found believe that the Declaration of Independence is equal to the US Constitution in leg interpretation. This case is not but...

Do you believe the Declaration of Independence should be incorporated into the body of case law on level with the United States Constitution?

[Pevisopolis]

No. The Constitution is the groundwork of the Laws of the United States, the Declaration of Independence was written to tell the British monarchy to go fuck itself Assert the independence of the American Colonies as a sovereign nation.

[Farnhamia]

No. The Declaration is a list of the complaints the Americans had against King George III. There are some laudable principles invoked in the opening but I don't think it would add much to American jurisprudence, cetainly not on a level with the Constitution.

[Zeppy]

333

Only a few to 666!

[Maurepas]

No, as, the implication of a 'Creator' is actually Unconstitutional...

[Vampiristic States]

Probably.Even if the Declaration was the asserter.

For a few days, I have been researching information for a Constitutional project where I found out about this legal philosophy/interpretation of the Constitution: Declarationism.

Alot of Europeans I found believe that the Declaration of Independence is equal to the US Constitution in leg interpretation. This case is not but...

Do you believe the Declaration of Independence should be incorporated into the body of case law on level with the United States Constitution?

No. The Constitution is the groundwork of the Laws of the United States, the Declaration of Independence was written to tell the British monarchy to go fuck itself Assert the independence of the American Colonies as a sovereign nation.

No. The Declaration is a list of the complaints the Americans had against King George III. There are some laudable principles invoked in the opening but I don't think it would add much to American jurisprudence, cetainly not on a level with the Constitution.

All of you have pretty good points.And,the Brits SHOULD eff themselves,I don't curse.

[Zeppy]

No, as, the implication of a 'Creator' is actually Unconstitutional...

Not really, it is "Ceremonial Deism" which has been used since 1984 by the Supreme Court of the United States to assess exemptions from the Establishment Clause of the First Amendment to the U.S. Constitution.

[Rastafarian Peace]

Some of the ideas presented in the D.O.I. are actually extremely important, and I think they should be incorporated into the Constitution. One, for instance:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness."

All I'm saying, is that the D.O.I contains very important ideals that American was virtually founded upon. So, I would say that Yes, some of, but no all of, the D.O.I should be added to the Constitution.

[Greed and Death]

IF the declaration is illegal then so is the Constitution on the grounds of the US not being an independent nation.

[Zeppy]

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness property ."

Fixed

[Rhodmhire]

X =/= Y unless specified that X = Y.

/installment of algebra.

[Zeppy]

X =/= Y unless specified that X = Y.

/installment of algebra.

Going through a math period, I see.

[Greed and Death]

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness property ."

Fixed

Property is simply the only way to effectively measure happiness.

[Rhodmhire]

X =/= Y unless specified that X = Y.

/installment of algebra.

Going through a math period, I see.

, > . when specified that . = or can = !

Yeah, pretty much.

[Pevisopolis]

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness property ."

Fixed

Property is simply the only way to effectively measure happiness.

Personal Posessions contribute to happiness, but aren't the most important of factors. Land only brings major landowners happiness.

[Rhodmhire]

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness property ."

Fixed

Property is simply the only way to effectively measure happiness.

If this is a joke--then lol to you.

If this is serious, I demand an elaboration at once.

[Soheran]

Do you believe the Declaration of Independence should be incorporated into the body of case law on level with the United States Constitution?

That would be insane. It is a political document, not a legal one. It's not at all clear what its most important clauses mean in the concrete context of law.

[Korintar]

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness property Equality."

Fixed

Perfected

The Declaration of Independence does not equal the Constitution in terms of the legal basis for our laws, even if both have had a significant impact on our political culture, which is undeniable.

[Zeppy]

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness property Equality sex."

Fixed

Perfected

The Declaration of Independence does not equal the Constitution in terms of the legal basis for our laws, even if both have had a significant impact on our political culture, which is undeniable.

Redundant.

[Czardas]

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness property Equality sex, drugs, and rock'n'roll.."

Fixed

Perfected

The Declaration of Independence does not equal the Constitution in terms of the legal basis for our laws, even if both have had a significant impact on our political culture, which is undeniable.

Redundant.

I would actually be against incorporating the DoI into the Constitution, since it (a) doesn't really do anything (the independence of the United States is just as well asserted by the Preamble) and (b) sets up some rather questionable ideas, such as the existence of natural rights endowed by God, which is much more of a philosophical/metaphysical position than a legal one.

[I Eldalante]

While I'm all for natural rights (though they certainly don't come form some non-existant supernatural being), the biggest problem is that there simply isn't anything to take from the declaration in terms of jurisprudence. It doesn't set out any legal standards or express any actual sentiment on how the US government itself should run, but is instead a laundry list of everything Jefferson could think of to whine about that all the people present at the convention would agree to (coincidentally, one of the few portions I WOULD agree to is the one they cut on slavery).

So in short, like everyone else has said, the DOI doesn't tell anything about how the country should run so it by definition is really sort of legally meaningless (independence of the US being granted and and recognized in the Treaty of Paris).

[SF Penguins]

The Constitution is the highest law in the land period. If the President gives an order that goes against the constitution then he is breaking the law and we are not obligated to follow it.

[Free Soviets]

aww, i was hoping this would be about house minority leader john boehner getting the two documents confused while out teabagging today
http://www.politico.com/singletitlevide ... 8488521001

[Neesika]

The Constitution is the highest law in the land period. If the President gives an order that goes against the constitution then he is breaking the law and we are not obligated to follow it.

Why do I get the distinct impression that you have no idea what the Constitution is or understand the case law that interpets it?

Here's a hint. Your opinions on the matter are completely worthless from a legal standpoint. You don't get to interpret the Constitution and decide what is 'breaking the highest law of the land'. That's the job for people with training in the matter, and with the power to do so.

[Neesika]

aww, i was hoping this would be about house minority leader john boehner getting the two documents confused while out teabagging today
http://www.politico.com/singletitlevide ... 8488521001

Isn't teabagging the act of lowering one's scrotum-wrapped testicles into another person's mouth?

I don't know why teabagging is suddenly so popular in the US. It seems sort of gay.