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What the Declaration of Independence Really Claimed
Washington Post ^ | 7/4/2015 | Randy Barnett

Posted on 07/04/2015 8:16:42 AM PDT by unlearner

Today, while all Americans have heard of the Declaration of Independence, all too few have read more than its second sentence. Yet the Declaration shows the natural rights foundation of the American Revolution and provides important information about what the founders believed makes a constitution or government legitimate. It also raises the question of how these fundamental rights are reconciled with the idea of “the consent of the governed,” another idea for which the Declaration is famous.

When reading the Declaration, it is worth keeping in mind two very important facts. The Declaration constituted high treason against the Crown. Every person who signed it would be executed as traitors should they be caught by the British. Second, the Declaration was considered to be a legal document by which the revolutionaries justified their actions and explained why they were not truly traitors. It represented, as it were, a literal indictment of the Crown and Parliament, in the very same way that criminals are now publicly indicted for their alleged crimes by grand juries representing “the People.”

But to justify a revolution, it was not thought to be enough that officials of the government of England, the Parliament, or even the King himself had violated the rights of the people. No government is perfect; all governments violate rights. This was well known.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Business/Economy; Education; History; Miscellaneous
KEYWORDS: doi; government
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Good article. Editor must be on vacation, and this slipped through.

:-)

1 posted on 07/04/2015 8:16:43 AM PDT by unlearner
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To: unlearner
the Declaration’s famous reference to “a long train of abuses

One of which,

"He [George III] has excited domestic Insurrections amongst us, and has endeavoured to bring on the Inhabitants of our Frontiers, the merciless Indian Savages"

Obama has done no less. With different savages.

2 posted on 07/04/2015 8:25:01 AM PDT by MUDDOG
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To: unlearner

I liked how someone put it: It was a breakup letter to England.


3 posted on 07/04/2015 8:33:05 AM PDT by SkyDancer ( "Nobody Said I Was Perfect But Yet Here I Am")
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To: unlearner
"What are inalienable or “unalienable” rights? They are those you cannot give up even if you want to a.....Why the claim that these rights are inalienable? The Founders want to counter England’s claim that, by accepting the colonial governance, the colonists had waived or alienated their rights."

Excellent point.

We consent to be governed but these, rights can never be encroached upon...

4 posted on 07/04/2015 8:35:06 AM PDT by virgil283 (When the sun spins, the cross appears, and the skies burn red)
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To: unlearner
If you'e never read "On Crime and Punishment" by Cesare Beccaria I would suggest taking some time to look through the essay.

http://www.thefederalistpapers.org/wp-content/uploads/2013/01/Cesare-Beccaria-On-Crimes-and-Punishment.pdf

Written in 1764 it was obviously very influential of our Declaration of Independence.

5 posted on 07/04/2015 8:36:17 AM PDT by KosmicKitty (Liberals claim to want to hear other views, but then are shocked to discover there are other views)
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To: unlearner
Very good article, and much too intellectual and rational for the WaPo... Thanks for posting!
6 posted on 07/04/2015 8:51:34 AM PDT by Kay Ludlow (Government actions ALWAYS have unintended consequences...)
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To: unlearner

It’s by Randy Barnett, one of the good guys.


7 posted on 07/04/2015 8:52:38 AM PDT by Doug Loss
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To: unlearner
I have two of Randy Barnett's books, and both are superb.

From this column on his third, he continues on the prominent theme of the others. The first purpose of government is to secure our rights. Absent that, even with our consent, all else is tyranny.

His writing style is a bit more lawyerly than Mark Levin's, but he gets his point across. FWIW, Barnett has been on Mark's radio show.

8 posted on 07/04/2015 8:53:09 AM PDT by Jacquerie (Article V. If not now, when?)
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To: unlearner
I don't why the thought crept into my head, but it did. For some time, I've been down in the mouth about the 4th of July. Probably because I lost insights I had as a younger man. Maybe I succumbed to the drumbeat of "America's Birthday! Hurrah!"

July 4 isn't "Constitution Day." July 4 is not celebrating a government, it is about rejecting a government that merits being rejected.

9 posted on 07/04/2015 9:03:03 AM PDT by Cboldt
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To: 14themunny; 21stCenturion; 300magnum; A Strict Constructionist; abigail2; AdvisorB; Aggie Mama; ...

Worthy of a Federalist/Anti-Federalist ping.


10 posted on 07/04/2015 9:52:41 AM PDT by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: unlearner

Excellent article, thanks for posting. I only went to a site long enough to grab the text to read.


11 posted on 07/04/2015 10:16:40 AM PDT by rlmorel ("National success by the Democratic Party equals irretrievable ruin." Ulysses S. Grant.)
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To: MUDDOG

Chilling reference.


12 posted on 07/04/2015 10:17:04 AM PDT by rlmorel ("National success by the Democratic Party equals irretrievable ruin." Ulysses S. Grant.)
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To: unlearner

I am aghast... is this some kind of mistake could this actually have been published by WaPo, if it is not a mistake they will make up for it tomorrow or very soon by ten thousands of words of praise for the current Progressive Liberal Democrat Communist Party and its phony slouching presidential usurper.

Just Saying!


13 posted on 07/04/2015 10:20:34 AM PDT by PoloSec ( Believe the Gospel: how that Christ died for our sins, was buried and rose again)
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To: unlearner
Thanks for posting a wonderful piece, especially this part:

"To ignore these principles is nothing short of denying reality, like jumping off a roof imagining that one can fly. “For he, who attempts these things, on other principles, than those of nature, attempts to make a new world; and his aim will prove absurd and his labour lost.” By making “a new world,” Goodrich meant denying the nature of the world in which we live. He concludes: “No more can mankind be conducted to happiness; or civil societies united, and enjoy peace and prosperity, without observing the moral principles and connections, which the Almighty Creator has established for the government of the moral world.”

14 posted on 07/04/2015 10:55:28 AM PDT by semaj (Audentes fortuna juvat: Fortune favors the bold. Be Bold FRiends.)
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To: unlearner

What Americans need to know is that it’s not law. It’s just a declaration. An editorial.


15 posted on 07/04/2015 11:52:34 AM PDT by Vermont Lt
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To: Vermont Lt
What Americans need to know is that it’s not law. It’s just a declaration. An editorial.

No, it's an indictment. . . a statement of reasons why a prosecution should be conducted. In this case the prosecution of a separation of ties, and if necessary a revolutionary war to execute that separation.

16 posted on 07/04/2015 12:21:45 PM PDT by Swordmaker ( This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
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To: Swordmaker

Congress voted for independence two days before, on July 2nd. The Declaration of Independence was intended to explain why to the world.


17 posted on 07/04/2015 6:26:57 PM PDT by Verginius Rufus
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To: Swordmaker

Congress voted for independence two days before, on July 2nd. The Declaration of Independence was intended to explain why to the world.


18 posted on 07/04/2015 6:26:57 PM PDT by Verginius Rufus
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To: MUDDOG

Obama has done many of the things King George III did and much worse.


19 posted on 07/04/2015 7:42:40 PM PDT by TBP (Obama lies, Granny dies.)
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To: Verginius Rufus

On the 2nd, tehy voted for teh Lee Resolution, the body of which Jefferson incorporates into the Declaration:

“RESOLVED: That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that 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.”

Two days later, independence was formally declared with teh adoption of the Declaration of Independence.


20 posted on 07/04/2015 9:40:59 PM PDT by TBP (Obama lies, Granny dies.)
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