Declaration of Independence as Law
by RONALD R. CHERRY, MD
July 4, 2013
Our American Declaration of Independence is the supreme un-amendable moral law of the United States. Declarational law preceded and trumps our supreme amendable secular law, the Constitution. As stated in our Declaration, the purpose of secular law (Constitution) is to secure our sacred, equal, individual human rights to life, liberty and pursuit of happiness - private property honestly earned through creative labor.
“That to secure these rights, Governments [Constitutions] are instituted among Men…” Declaration of Independence
While our Constitution and Bill of Rights are the greatest secular laws ever written – it must be acknowledged that our secular Constitution has a sacred mandate – The Declaration of Independence. The American Revolution is first and foremost a revolution in sacred, unalienable human rights, and their associated moral laws (Declaration); and secondarily a revolution in secular law (Constitution). We must be aware that secular law, particularly the “Living Constitution” (Orwellian Newspeak for Dead Constitution), can be perverted into tyranny when such law becomes destructive of the individual’s sacred, unalienable human rights.
“Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual.” Thomas Jefferson
“All men are created equal” is American Declarational law. Men in this instance refers to all individuals, and the word equal refers to natural equal rights and equal application of just law; not unnatural forced equal social and economic outcome. Forced equality of outcome represents social-engineering empowered by the injustice of unequal property rights and inequality of tax law; leading to excessive collectivization of some people’s labored-for property into the communal hands of self-serving Marxist-type government - which “re-distributes” that property to the labor-challenged in return for votes. All individuals have a sacred right to equality before law – men and women made equal by the Creator and Great Equalizer. If each individual is made in the image of God, then his/her value is infinite; all individuals are thereby equal in value before God and equal before the law – and all (except for the disabled) should therefore be taxed equally. If man is not made in the image of God then some people will become, as in Animal Farm, “more equal than others,” with legal superiority based on unequal law, Darwinian natural selection, and a purely animal “Will to Power.” Equal law is the essence of justice; unequal law is the essence of tyranny.
"Bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable; that the minority possess their equal rights [along with the majority], which equal laws must protect..." Thomas Jefferson - First Inaugural Address
"An equal application of law to every condition of man is fundamental…. To unequal privileges among members of the same society the spirit of our nation is, with one accord, adverse." Thomas Jefferson
“That they are endowed by their Creator with certain unalienable Rights, that among these are Life…” is American Declarational law. If man is made in the image of God, then; since God lives and gave life to man, all individuals have a sacred unalienable right to life and self-defense.
“That they are endowed by their Creator with certain unalienable Rights, that among these are… Liberty…” is American Declarational law. If man is made in the image of God; then, since God is free, man has a sacred unalienable right to liberty - man is born free. Human freedom can only occur when all men are equal before just law, and freedom is a prerequisite to the individual’s creative pursuit of happiness.
“That they are endowed by their Creator with certain unalienable Rights, that among these are… the pursuit of happiness…” is American Declarational law. If man is made in the image of God; then, since God is the Great Creator, man has a sacred unalienable right to his/her own creativity - a right to private property created through individual labor - a right to the pursuit of happiness.
In order to save the American Revolution our Declaration of Independence must be recognized and enforced as law. Amending our Constitution will also be necessary – limiting Federal taxation and requiring Federal spending not to exceed Federal revenue. It appears that neither of these changes is likely to emanate from Federal Government anytime soon. However; “We the People” do not need Federal Government to define our sacred human rights or their associated moral laws – those Declarational truths and laws are self-evident - and “We the People” are additionally capable of becoming masters of Federal Government through the amendment process.
“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who [un-Declarationally] pervert the Constitution.” Abraham Lincoln
All American laws which are destructive of an individual’s sacred equal rights to life, liberty and fruit of labor in pursuit of happiness are un-Declarational, and must be nullified - if not by Congress or the Supreme Court, then by States and local government. Un-Declarational law is tyranny because, as Thomas Jefferson noted, violation of the individual’s God-given equal rights to life, liberty or fruit of labor in pursuit of happiness is tyranny. “Law is often but the tyrant's will, and always so when it violates the rights of the individual.” The concept of “Declarational Law” and "un-Declarational Law” must find its way into the American Mind and into all levels of American Government.
Ronald R. Cherry, MD
FamilySecurityMatters.org Contributor Ronald R. Cherry M.D. practices medicine as a pulmonologist and also writes for American Thinker and Right Side News.