I am saying that the Declaration of Independence is not a law, nothing more, nothing less.
If the Declaration of Independence carried the weight of law, then why would we need the Constitution, or anything else? Because we, as a people, have never been able to agree what those self-evident truths are.
If I claim that my pursuit of happiness entitles me to run naked in the streets it that allowed? No, because the law, agreed upon the local people of my community, says no.
If we are saying that this issue is big enough that we are willing to go back to square one, issue a second Declaration of Independence with all the ramifications that implies, then so be it.
Do we form a new government because of this case?
The Constitution merely sets up the form of government we have. Ever hear of the Articles of Confederation? It was the first attempt to set up the new American government. It failed, so the former colonies started over.
The Constitution is not the Founding document of this Nation. It founded the government. The government is not the Nation. The Declaration of Independence founded the Nation. Without that, we are still subjects of the British Crown.
If you wish to run down the street naked, go forth and do so. If that is what makes you happy, there is something wrong with you. But no one will lose their life over it. It is a specious argument in a very serious matter. Equating running down the street nude with a discussion about a woman that is starving to death? That is twisted.
Do we need to issue a second Declaration? Nope. First one summed things up pretty well. New government? No. We just need to get back to one that respects and follows the Constitution in the first place. The one now seems to have lost its way.
We do not need to resort to force of arms. Yet. The situation is still salvagable.