Ronald R. Cherry
Our American Declaration of Independence is the supreme un-amendable moral law of the United States, passed into law by the Second Continental Congress on July 4, 1776. Declarational law preceded and trumps our supreme amendable secular law, the U.S. Constitution. As stated in our Declaration, the purpose of secular law (Constitution) is to secure our sacred, equal, unalienable human rights to life, liberty and pursuit of happiness.
“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 should 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, and secondarily a revolution in secular law. You should be aware that secular law, particularly a “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, i.e., when the Constitution violates the Declaration.
“Law is often but the tyrant's will, and always so when it violates the rights of the individual.” Thomas Jefferson
In addition to applying brakes on our current trajectory toward tyranny, Declarational Law solves the conundrum of slavery and states rights under the 10th Amendment:
- The Declaration of Independence is acknowledged and accepted as the Supreme Unamendable Natural Law of the United States.
- Slavery-compliant aspects of the U.S. Constitution are recognized as un-Declarational, thereby illegal, null and void, and thus expunged from Constitutional Law.
- States rights under the 10th Amendment of the U.S. Constitution shall not be construed as a right to slavery, because slavery is prohibited and outlawed by Declarational Law – supreme over Constitutional Law.
- Declaration-compliant states rights under the 10th Amendment remain in full force.
“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 protection of the 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 unequal tax law, leading to excessive and forced collectivization of the hard-working people’s labored-for property (the so-called bourgeoisie) into the communal hands of self-serving Marxist government, which “re-distributes” that property to labor-challenged government-dependents (the so-called proletariat) in return for votes. All individuals have a sacred right to equality before law, men and women made equal by their 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. 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, and to violate would be oppression.” Thomas Jefferson
"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. Since 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. Since 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. Since 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 to that effect will be helpful. It appears that these changes are not likely to emanate from Federal Government in the immediate future. However, We the People do not need Federal Government to define our sacred human rights and their associated moral laws, those Declarational truths and laws are self-evident. “We the People” are capable of becoming masters of Federal Government through our State Legislatures and the Article V 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 through an Article V Constitutional Amendment. Un-Declarational law is tyranny because, as Thomas Jefferson noted, violation of the individual’s equal, God-given, unalienable human rights is tyranny. 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. CherryThe views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.