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To: TigersEye

The DOI is merely a formal explanation of the colonies’ rebellion, and not a founding legal document of the USA. The phrase in the DOI:

“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.”

Is a statement of a Moral of Standard, but it is not a Legal Standard.

The Constitution is the founding document and it does indeed enumerate rights of the people and the states while limiting the powers of the federal government to those only enumerated in the Constitution.

The 9th amendment reads:

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.


106 posted on 01/19/2012 11:13:48 PM PST by JohnKinAK
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To: JohnKinAK
The DOI is merely a formal explanation of the colonies’ rebellion, and not a founding legal document of the USA. ... Is a statement of a Moral of Standard, but it is not a Legal Standard.

The Founding Fathers and Congress profoundly disagree with you...

The constitutional and legal status of the Declaration of Independence is curiously ambiguous. John Hancock (in his capacity as president of the Second Continental Congress) and James Madison both considered it to be, in Madison's words, “the fundamental Act of Union of these States.” Reflecting that view, Congress has placed it at the head of the United States Code, under the caption, “The Organic Laws of the United States of America.” The Supreme Court has infrequently accorded it binding legal force, for example, in resolving questions of alienage (Inglis v. Trustees of Sailor's Snug Harbour, 1830).

The Constitution is the founding document and it does indeed enumerate rights of the people and the states while limiting the powers of the federal government to those only enumerated in the Constitution.

Yes, it enumerates some rights but I said it "does not give any rights."

The 9th amendment reads: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Yes, that is what it says which does not in any way contradict what I said. In fact all of the first ten amendments, including the 9th, do describe limitations on the Federal government's powers.

115 posted on 01/19/2012 11:29:10 PM PST by TigersEye (Life is about choices. Your choices. Make good ones.)
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