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To: Ed Current
I don't disagree that the Declaration should be considered in its historic context. That should help judges in determining original intent.

But by its own words, the Constitution is the Supreme Law of the Land, and it doesn't incorporate any other documents by reference to make them equal. The Declaration of Independence is one of the greatest writings in history. The rationale expressed therein is simply brilliant. It was not intended to be law, however. It's purpose was far different, and to elevate it Constitutional law, for any purpose, is simply misguided. It should be looked at just like the Federalist Papers are looked at -- guidance as to original intent.

18 posted on 11/22/2004 5:17:33 PM PST by Dog Gone
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To: Dog Gone

The United States Code Annotated treats the Declaration as a part of the organic law of the government of the United States of America.


20 posted on 11/22/2004 5:24:15 PM PST by Ed Current
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To: Dog Gone

To put it into perspective:
Would you rather see the Declaration cited in federal court opinions, or OLD European law referenced as SCOTUS has recently done?


22 posted on 11/22/2004 5:27:31 PM PST by Ed Current
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To: Dog Gone
It should be looked at just like the Federalist Papers are looked at -- guidance as to original intent.

Here you are just plain wrong. The Declaration of Independence is the document that establishes the United States of America as a country. The Federalist Papers are a series of articles written by Alexander Hamilton, James Madison and John Jay under the pen name Publius. The purpose was to gain support for the constitution. The Declaration of Independence is the foundation on which the Constitution stands.

38 posted on 11/22/2004 6:27:55 PM PST by horizondb
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