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Declaration of Independence?!?! Re: [ANE-2] Re: Wikipedia

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  • Peter T. Daniels
    ... There are no laws in the Declaration. It s a list of complaints against King George and a declaration that the colonies are now independent, and nothing
    Message 1 of 2 , Apr 6, 2006
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      Ford Mommaerts-Browne wrote:
      >
      > ----- Original Message -----
      > From: "Peter T. Daniels" <grammatim@...>
      > To: <ANE-2@yahoogroups.com>
      > Sent: Wednesday, April 05, 2006 9:16 AM
      > Subject: Re: [ANE-2] Re: Wikipedia
      >
      > | G.M. Grena wrote:
      > | >
      > | > > ANE2 is hardly the place to discuss the interpretation
      > | > > of the Declaration of Independence of the United States.
      > |
      > | (Anyway, the Declaration is not part of the law of the land.)
      > |
      >
      > I know that I am stepping off-topic here, but bare with me - there is
      > a point to be made.
      > The Declaration IS the law of the land, (if 'the land' is the USofA),
      > because the US has 'Common Law', whereïn Custom gains the force of
      > Law.  In fact, the Declaration of Independence has been cited by
      > courts to uphold or to overturn decisions, rulings or findings.

      There are no laws in the Declaration. It's a list of complaints against
      King George and a declaration that the colonies are now independent, and
      nothing more.
      --
      Peter T. Daniels grammatim@...
    • Robert Whiting
      ... What you mean to say is that there are no statutes in the Declaration. This response indicates that you need to do several things. First, you need to
      Message 2 of 2 , Apr 6, 2006
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        On Thu, 6 Apr 2006, Peter T. Daniels wrote:

        > Ford Mommaerts-Browne wrote:
        > >
        > > ----- Original Message -----
        > > From: "Peter T. Daniels" <grammatim@...>
        > > To: <ANE-2@yahoogroups.com>
        > > Sent: Wednesday, April 05, 2006 9:16 AM
        > > Subject: Re: [ANE-2] Re: Wikipedia
        > >
        > > | G.M. Grena wrote:
        > > | >
        > > | > > ANE2 is hardly the place to discuss the interpretation
        > > | > > of the Declaration of Independence of the United States.
        > > |
        > > | (Anyway, the Declaration is not part of the law of the land.)
        > > |
        > >
        > > I know that I am stepping off-topic here, but bare with me - there is
        > > a point to be made.
        > > The Declaration IS the law of the land, (if 'the land' is the USofA),
        > > because the US has 'Common Law', whereïn Custom gains the force of
        > > Law.  In fact, the Declaration of Independence has been cited by
        > > courts to uphold or to overturn decisions, rulings or findings.
        >
        > There are no laws in the Declaration. It's a list of complaints against
        > King George and a declaration that the colonies are now independent, and
        > nothing more.

        What you mean to say is that there are no statutes in the Declaration.
        This response indicates that you need to do several things.

        First, you need to reread the Declaraton of Independence, especially the
        second paragraph.

        Second, you need to learn the distinction between common law and statutory
        law:

        com·mon law

        noun
        Definitions:

        evolved law: the body of law developed as a result of custom and
        judicial decisions, as distinct from the law laid down by legislative
        assemblies. Common law forms the basis of all law that is applied in
        England and most of the United States.
        http://encarta.msn.com/dictionary_1861688072/common_law.html

        Third, you need to realize that the Declaration of Independence is
        considered a basic part of U.S. common law as well as being a document at
        common law itself.

        The structure of the Declaration of Independence is that of a common law
        legal document.
        http://batr.org/autonomy/111804.html


        In short, Anglo-American law is very heavily based in common law and the
        Declaration of Independence, like the Magna Carta, is an important part
        of it.


        Bob Whiting
        whiting@...
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