JUST POWERS That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed . . . -- Declaration of Independence Note the qualifying adjective, JUST. If only just powers are lawful, it naturally follows that UNJUST powers are unlawful. Approved by the Second Continental Congress on July 4, 1776, the unamendable Declaration of Independence became the Organic Act that established the United States of America. While conferring powers of government upon a territory, it also established the limits of its power, so that all acts beyond the scope of the powers there granted are void. Whether written or unwritten, Organic Power is the fundamental power, or constitution, of a state or nation. It is a system of laws or Principles which defines and establishes the organization of its government. In America, the Declaration of Independence is the philosophical litmus test for the lawfulness of any and all government power. In the United States, no Power that contravenes the Principles supporting the second paragraph of the Declaration of Independence has Lawful Authority. Be mindful that lawful and legal are not synonyms; there is an ethical element in lawful that is absent in legal. The Founders were painfully aware of history’s countless legal horrors. Since 1912, lawyers and career office-holders have successfully rationalized and interpreted their way around the lawful limitation of government power once enjoyed by Americans. In their inexcusable ignorance the American People continue to acquiesce in the systematic usurpation of power by unlawful legislation, judicial ukase, and executive license. tgsam (Tinsley Grey Sammons)
And laws that support power repugnant to the principles underpinning the unamendable Declaration should be repealed. tgsam
Wait a minute. The Declaration of Independence is unamendable because it is only a declaration of independence. It is not the document that our laws are based on which would be the Constitution. But this is ludicrous. Who in the world says this and how do they justify it? Well, either we American People are ignorant . . . or you are. Give us an example of unlawful legislation and explain why it is so. Give us one example of judicial ukase and clarify why it constitutes an usurpation of power in your mind. Show us that you have the power of reason or the capacity for abstract thought, lest we suspect that you are of narrow sight and shallow mind but armed with an excellent thesaurus.
I have to agree with Red. The Declaration of Independence is just that, the Colonies Declaring their independence from England. And it gives reasons why they are declaring independence. But in no way does it establish a government or its powers. First the The Articles of Confederation and then The Constitution set up a government for which and how this country is governed. The Declaration of Independence is important to this country. It is an integral part of history, but at this point thats all it is, part of our history. It can only give us guidance at this point.
The Declaration is the lawful promise while the Constitution is supposed to be the legal fulfillment of that promise. The fulfillment has gone badly . . . very badly. tgsam
