PrintMay 4, 2010
Declaration of Independence as Law
Our American Declaration of Independence is the supreme, unamendable moral law of the United States. Declarational law preceded and trumps our supreme, amendable secular law, the Constitution. As stated in our Declaration, the purpose of secular law (Constitution) is to secure our sacred, unalienable, equal, individual rights to life, liberty, and pursuit of happiness -- i.e., private property honestly earned through creative labor: "That to secure these rights, Governments [constitutions] are instituted among Men...."
While our Constitution and Bill of Rights are the greatest secular laws ever written, it must be acknowledged that our secular Constitution has a sacred mandate -- the Declaration of Independence. The American Revolution is first and foremost a revolution in sacred, unalienable human rights and their associated moral laws (Declaration), and secondarily a revolution in secular law (Constitution). We must be aware that secular law, and particularly the "Living Constitution" (Orwellian Newspeak for Dead Constitution), can be perverted into tyranny when such law becomes destructive of the individual's human rights.
Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual.
- Thomas Jefferson
1) "All men are created equal" is American Declarational law. "Men," in this instance, refers to all individuals, and the word "equal" refers to natural equal rights and equal application of just law; not unnatural, forced equal social and economic outcome.
Forced equality of outcome represents social engineering empowered by the injustice of unequal rights and inequality before law. This leads to excessive collectivization of some people's labored-for property, which is sent into the communal hands of a self-serving government that "re-distributes" this property to the less industrious in return for votes. All individuals are endowed with equal unalienable rights to life, liberty, and labored-for property, and to equality before law that must secure those rights -- all men and women made equal in value and rights by the Creator and Great Equalizer.
If each individual is made in the image of God, then his/her value is infinite; all individuals are thereby equal in value before God and equal in their unalienable rights and equal before the law. All (except for the disabled) should therefore be taxed equally. If man is not made in the image of God, then some will become, as in Animal Farm, "more equal than others" -- legal superiority based on unequal rights and unequal law. If man is not made in the image of God, then by Darwinian natural selection and their animal "Will to Power," an elite class of "Philosopher Kings" will inevitably arise. Equal rights and equal law are the essence of justice; unequal rights and unequal law are the essence of tyranny.
2) "That they are endowed by their Creator with certain unalienable Rights, that among these are Life ..." is American Declarational law. If man is made in the image of God, then since God lives and gave life to man, all individuals have a sacred unalienable right to life and self-defense.
Bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable; that the minority possess their equal rights (along with the majority), which equal laws must protect[.]
- Thomas Jefferson, First Inaugural Address
2) "That they are endowed by their Creator with certain unalienable Rights, that among these are Life ..." is American Declarational law. If man is made in the image of God, then since God lives and gave life to man, all individuals have a sacred unalienable right to life and self-defense.
3) "That they are endowed by their Creator with certain unalienable Rights, that among these are ... Liberty ..." is American Declarational law. If man is made in the image of God, since God is free, then man has a sacred unalienable right to liberty -- man is born free. Human freedom can occur when all men are equal before just law, and freedom is a prerequisite to the individual's creative pursuit of happiness.
4) "That they are endowed by their Creator with certain unalienable Rights, that among these are ... the pursuit of happiness ..." is American Declarational law. If man is made in the image of God, since God is the Great Creator, man has a sacred unalienable right to his/her own creativity -- a right to private property created through individual labor -- a right to the pursuit of happiness.
In order to save the fruit of the American Revolution, the Declaration of Independence must be recognized and enforced as law. Amending our Constitution will also be necessary -- for example, limiting federal taxation and requiring federal spending not to exceed federal revenue. It appears that neither of these changes is likely to emanate from the federal government any time soon. However, "We the People" do not need the federal government to define our sacred human rights or their associated moral laws. According to the Declaration, those truths and laws are self-evident. "We the People" are capable of becoming masters of federal government through the amendment process.
We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution.
- Abraham Lincoln
All American laws which are destructive to an individual's sacred, equal rights to life, liberty, and private property are un-Declarational and must be nullified -- if not by Congress or the Supreme Court, then by states and local government. The concept of "Declarational" law must find its way into the American mind and into all levels of American government.
