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To: capitan_refugio
For Calhoun, the statement of principles at the beginning of the Declaration of Independence had no authority whatever for the constitutions, state and federal, that followed upon it

Jaffa's ignorance is showing again. A number of states had constitutions that PREDATE the declaration, thus it is impossible for them to "follow upon it." If anything, the Declaration itself "followed upon" the declaration of rights in the preexisting act of independence on June 12th by Virginia.

682 posted on 11/22/2004 10:11:23 AM PST by GOPcapitalist ("Marxism finds it easy to ally with Islamic zealotism" - Ludwig von Mises)
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To: GOPcapitalist
"A number of states had constitutions that PREDATE the declaration, thus it is impossible for them to "follow upon it."

There were no states prior to the Declaration, thus there were no state constitutions. Whatever the documents the colonies compiled were made contrary to the sovereign authority at the time - the British Government.

"If anything, the Declaration itself "followed upon" the declaration of rights in the preexisting act of independence on June 12th by Virginia."

The Virginia Declaration of Rights was just what its title says - a declaration of the Virginians' point of view. It was not intended to be a declaration of independence from British rule, but to call attention to British oppression. From constitution.org: "On May 15, 1776, the Virginia Convention "resolved unanimously that the delegates appointed to represent this colony in General Congress be instructed to propose to that respectable body to declare the United Colonies free and independent states . . . [and] that a committee be appointed to prepare a DECLARATION OF RIGHTS and . . . plan of government." R. H. Lee's resolution of June 7, 1776, implemented the first of these resolutions and precipitated the appointment of the committee to draw up the Declaration of Independence; the second proposal was carried out by the framing of Virginia's first state constitution, of which this declaration was an integral part. It is notable for containing an authoritative definition of the term militia in Section 13.

"As passed, the Virginia Declaration was largely the work of George Mason; the committee and the Convention made some verbal changes and added Sections 10 and 14. This declaration served as a model for bills of rights in several other state constitutions and was a source of the French Declaration of the Rights of Man and of the Citizen, though its degree of influence upon the latter document is a highly controversial question. The reference to "property" in Section I may be compared with the use of the word by John Locke, its omission by Thomas Jefferson from the second paragraph of the Declaration of Independence, and its use in the Constitution, Amendments V and XIV.

"George Mason (1725-92), one of Virginia's wealthiest planters, a neighbor and friend of Washington, is best remembered for his part in drafting the Virginia constitution of 1776. In 1787 he was a leader in the Federal Convention. Refusing to sign the completed document, Mason, along with Patrick Henry and others, opposed its ratification in the Virginia Convention of 1788."

722 posted on 11/22/2004 2:36:40 PM PST by capitan_refugio
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