Professor John Eidsmoe, Professor of Law at Faulkner University School of Law, writes:
"The role of the Declaration of Independence in American law is often misconstrued. Some believe the Declaration is simply a statement of ideas that has no legal force whatsoever today. Nothing could be further from the truth. The Declaration has been repeatedly cited by the U.S. Supreme Court as part of the fundamental law of the United States of America.
"The United States Code Annotated includes the Declaration of Independence under the heading 'The Organic Laws of the United States of America' along with the Articles of Confederation. the Constitution, and the Northwest Ordinance, Enabling acts frequently require states to adhere to the principles of the Declaration; in the Enabling Act of June 16, 1906, Congress authorized Oklahoma Territory to take steps to become a state. Section 3 provides that the Oklahoma Constitution 'shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.'" (Christianity and the Constitution, pp 360-361)
The Writing of the Declaration of Independence
We recall that the Declaration begins with two paragraphs, followed by a long list of grievances and charges against King George, and then is concluded by one paragraph followed by the signatures. Altogether if took Jefferson seventeen days to complete the assignment. Actually the list of charges takes up most of the space but probably took Jefferson only one day to write it. This is because he had already drafted the charges in a document he had previously composed so it was only a matter of copying them. This leaves sixteen days to write the two first paragraphs and an ending one! Some of our students have asked why it would take him that long to write a few paragraphs. It appears that he spent most of the time trying to structure into the first paragraphs some of the "ancient principles" which he had come to admire from his study of ancient civilizations.
Identifying the "Ancient Principles"
"We hold these truths to be self-evident..."
By adopting this Declaration, the Founders were saying there are certain facts that are so obvious they don't need further proof or even any further discussion. This would certainly surprise some in academic circles today who love to philosophize for endless hours about the existence of a Creator, the equality of man, and the endowment of rights by the Creator. Here is the declaration in American law of the simple, fundamental belief in a Supreme Creator! And, they said, this is the only basis for sound government!
"...and men are created equal..."
If we believe in a Supreme Creator and that He created us, then we must be His children and we must all be brothers and sisters. As such, no one has an inherent right to rule over any one else. This is our personal declaration of independence not only from the King of England but also from our own fellow citizens who might attempt to force control upon us in the form of regulation or licensing. Why should I need to gain my neighbor's permission (or his agent, the government's permission) in order to go into a particular business or occupation? Anytime we set up someone to give permission to another, we have basically said we are unequal. Of course, this does not preclude having rules in society for the enjoyment of jointly owned property such as roads, public buildings, etc.
This phase presupposes, as a self-evident truth, that the Creator made human beings equal in their rights, equal befor the bar of justice, and equal in his sight. Of course, individual attributes and personal circumstances in life vary widely. Is there room here for classes of people, each with certain rights? No. When we begin to classify people, as rulers and dictators must always do for control, we deny the very equality we claim to have.
No comments:
Post a Comment