Universal Declaration of Human Rights
The Universal Declaration of Human Rights, was adopted, by the United Nations General Assembly, on December 10, 1948. It, sets forth the basic social, economic, and civil rights, and freedoms, of every human being. The Declaration, was written, by the Commission on Human Rights, of the U.N. Economic and Social Council. Its preamble states that, the Declaration, is meant to serve as: 'a common standard of achievement, for all peoples, and nations'. It was fashioned, after the Bill of Rights, contained, in the constitutions of such Democratic countries, as the United States and Great Britain. The Four Freedoms, set forth, by President Franklin Roosevelt, during World War II, also were used, as a foundation, for the Human Rights Declaration.
The Declaration, states that: all human beings, are born free and equal: in dignity and rights. Everyone, has the right to: life, liberty, and the security of person. Slavery, is forbidden, as well as: cruel, degrading treatment, and punishment. All persons, must have: equal protection of the law, and privacy of home, family, and correspondence. Anyone, charged with a crime, must be considered innocent, until proved guilty. The right to: freedom of thought, conscience, speech, religion, and peaceful assembly, is upheld, by the Declaration. It, recognizes, the right of adult men and women, to marry the persons of their own choice, and the right to found families. The right to education, and the right to own property, are also asserted, in the Declaration.
The Declaration, also recognizes: the right of free choice of employment, favorable working conditions, just pay, and protection against unemployment. And, workers, may form and join trade unions. "Everyone, has the right to a standard of living, adequate for the health and well-being of him or herself, and of his or her family." The Declaration asserts, that everyone, has the right to leave any country, including his own, and return. Also, everyone, has the right to a nationality, and the right to change his nationality. All persons, have the right to take part in the government of their country. The will of the people, shall be the basis of the authority, of the government - the Declaration maintains.
Article 2 states:
'None of the rights and freedoms, defined in the Declaration, are to be denied a person, because of:
race, color, sex, birth, or other status, beyond his own personal control.
Human Relations- Defined:
Human relations, in general, are the interactions, between two or more people. More specifically, human relations, is a field of study, that deals with group behavior.Human relations studies,try to discover the best means to achieve desired individual, and group goals, with a minimum of needless conflict. They apply the knowledge gained, through the Social Sciences, to situations ranging from family relations, to international affairs.
Human relations work, is based on the belief that, each individual, has certain needs, and that, the people differ, in what they consider important. It accepts human dignity, as basic, and holds that each person, must be treated with respect. Human relations, also assumes that, a person joins a group because, he expects to get something from it, and that the group in turn, makes demands on each member.
Governmental Law:
Law:
Wherever men and women have lived together, they, have found it necessary to develop rules of conduct. All mankind, need rules, for the settlements of disputes. They, also need rules, for the organization of their governments. Law: is the set of rules, which the government enforces, through its police, its courts, and its other agencies. Law, makes it possible, for men and women to live together, peacably, in a community.
If, there was no law, every man could do just as he pleased, and thus, all, nations, would become lawless societies.
With law, the people, in a community, know that the government, will enforce rules, that will make it possible for them, to live together, without conflict. This Philosophy or Science of Law, is called Jurisprudence, which means: a System of Laws, and the Science or Philosophy of Law.
[There are Two Sets of Laws: God's Laws and Governmental Laws. There must be brought, a Balance, of both sets of Laws, thus working together, towards the greater good of all peoples. Both God's Laws, and Governmental laws, work at its ultimate, when, both sets of Laws are followed correctly.]
Religion and Government:
In ancient societies, and in many societies still today, religion and government, were/are usually combined, whereas, the tribal chief, serves as the priest or the religious leader. More technical societies, usually distinguish, between Church and State, or in other words, religion and government. Many nations, including the United States, offer equal opportunities, to all religions. In other nations, one religion, enjoys a special place, above the other religions. Some examples include: the Anglican Church of England, Islam in Pakistan, Judaism in Israel, the Lutheran Church in Sweden, and the Roman Catholic Church in Italy and Spain.
A Church, that is especially favored by a government, is sometimes called a State Church. In some countries, the church is an arm of the state. Most, but not all countries, with state churches, grant religious freedom, to members of other faiths.
Liberty/Freedom:
Liberty, is the exemption from unnecessary restraints. The word, usually has the same meaning as freedom. The two [2] main types of Liberty are: 1.Oral Liberty, often called Freedom of the Will, and 2. Legal or Political Liberty.
Moral Liberty: means, the power of a person, to make choices, between right and wrong, and good and evil.
In this way, he or she, can form his or her own opinions, and guide his or her own actions.
Political Liberty: is, the freedom guaranteed by laws. Political liberty, protects the individual, from the arbitrary activies of the government.
The Statue of Liberty [in the United States]:
The Statue of Liberty, called Lady Liberty, also known as "Liberty Enlightening the World, represents a proud woman, dressed in a loose robe, that falls in graceful folds at the top of the pedestal, on which the lady stands. Her right arm, holds a great torch [light] , raised high in the air. Her left arm, grasps a tablet, bearing the date of the Declaration of Independence. A crown, with huge spikes [7 spikes], like the sun rays, rests on her head. At her feet, is a broken shackle, which people seldom notice.The broken shackle symbolizes the overthrow or end of tyranny. The torch, gleams at night, with powerful incandescent and mercury-vapor lights, as a symbol of, Liberty, shedding light upon the world.
The people of France, presented the Statue of Liberty, to the minister of the United States, in Paris, on July 4, 1884.The Statue, was shipped to the United States, in 214 cases, aboard the French ship Is'ere, in May of 1885. The site, chosen, for the Statue, was the center of old Fort Wood, on Bedloe's Island, overlooking the ship channel, of New York Harbor. The Statue, was dedicated, on October 28, 1886. The Statue, stands on Liberty Island, formerly Bedloe's Island [the name was changed in 1956], in New York Harbor. France, gave her to the United States, in 1884, as a symbol of friendship and of the liberty, that citizens enjoy, under a free form of government. A model, of the Statue, stands on a bridge, that crosses the Seine River, in Paris. "The New Colossus", a poem, by Emma Lazarus, was inscribed, on a tablet, in he pedestal, in 1903. \
"The New Colossus," by Emma Lazarus
Not like the brazen giant of Greek fame;
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand,
A mighty woman with a torch, whose flame
Is the imprisoned lightening,
And her name Mother of Exiles.
From her beacon-hand,
Glows world-wide welcome;
Her mild eyes command.
The air-bridged harbor that twin cities frame.
"Keep ancient lands, your storied pomp! cries she
With silent lips":
"Give me your tired, your poor,
Your huddled masses
Yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"
Emma Lazarus 6-8-1835
The Liberty Bell
The historic Liberty Bell, was made in England [Great Britain], in 1752, and later, was recast, in Philadelphia. It was rung, each year, until 1835, when it ceaked, during the funeral of Chief Justice John Marshall. The Liberty Bell, is a treasured relic, of the early days of American Indepedence. It was rung on July 8, 1776, to calll citizens together, to announce the adoption of the Declaration off Independence. Its inscription reads: "Proclaim liberty, throughout all the land, unto all the inhabitants thereof" and the inscription, was taken from the Bible, Leviticus 25:10. The province of Pennsylvania, paid about $300 for it, in 1752. It, is now in the Tower Room of Independence Hall, in Philadelphia. The bell, was first cast in England. But, it broke in ringing, after its arrival, and wast recast in Philadelphia, from the same metal, with the same inscription, in 1753. It weighs more than 2,080 pounds. In the adjoining yard, it rang at each successive anniversary of the adoption of the Declaration, until 1835. It broke on July 8, that year, while tolling, during the funeral solemnities of John Marshall, Chief Justice of the United States, who, died in this city. "The Bell, is no longer rung, but it has been struck on special occasions. On June 6, 1944, when Allied Forces landed in France, Philadelphia officials, struck the bell. Special sound equipment picked up the tone, amplified it, and broadcast it, to all parts of the United States. Officials, rang a larger bell, in the steeple of Independence Hall, to announce America's entry into World War I.
The Liberty Cap: is a famous Symbol of Freedom. It was given to a freed slave, in ancient Rome.
In modern times, it has appeared on certain American coins.
And, a red cap, was adopted by the 'patriots' of the French Revolution.
Freedom
Freedom is: making your own choices.
living your life the way you choose to live it.
not living in fear.
not being oppressed.
having rights, as a human being should.
Freedom is: being able to be an individual.
having your own mind, and being able to use it.
having that right, to practice your religious beliefs.
being accepted as an equal person, equal with all peoples.
not being forced to be someone that you are not.
Freedom is: having your own home and your own family, and the choice to have many children.
having the right, to speak your own mind.
having the right, to your own opinions.
being what you want to be.
not being dictated to, or ordered around.
Freedom is: not being punished for being yourself.
no prejudice.
a soul at peace.
being able to be happy.
being able to love.
Freedom is: not being dominated.
being able to be honest.
being liberated.
Freedom is: what America stands for?
Freedom is: Liberty and Justice for all!
+ Janet Marie Katherine +
Bill of Rights:
The Bill of Rights, comprises the bulwark of American civil liberties. The Ten (10) Amendments, to the United States Constitution, that guarantee Basic Freedoms and Rights, were added in 1791. The Bill of Rights, is a document, that describes the Fundamental Liberties, of the people. It also forbids the government, to violate these rights. Most bills of rights, guarantee, to everyone, the freedoms of: speech, religion, the press, and the right of assembly.They protect a person's right to: liberty, and the pursuit of happiness. Most Constitutions, adopted, in modern times, include a bill of rights.Mankind, is considered, to have rights, that are inborn, and that, no government may deprive anyone of these inborn rights.
A self-governing nation, has only limited powers - delegated by the people. Self-government, is considered, to be, the best form of government. For effective self-government, a citizen, needs fundamental human freedoms, so that, he may vote intelligently, and have the capacity, to hold public offices, and to govern wisely. Many of these ideas, were developed in the Bible (Holy Scripture), and in ancient Greek and Roman Civilizations. In modern history, such men as John Locke, John Milton, John Stuart Mill - of great Britain, and Thomas Jefferson, James Madison, and Thomas Paine - of the United States, fought, for the acceptance of these views.
American Bill of Rights: United States Constitution:
The first eight (8) Amendments, to the Constitution, contain the fundamental Rights and Freedoms, of every citizen. Amendment nine (9) and ten (10), forbid Congress, to adopt laws, that would violate these rights. * But, the Supreme Court of the U.S., has held that, these rights have some limits. For example, freedom of speech, does not protect a person, who shouts "Fire" in a crowed theatre, when there is no fire. Yet, the government, must respect these freedoms, in all but extreme circumstances. The Supreme Court, has held that, freedom, may be limited only, when its exercise creates a "clear and present danger" to society. The Constitution, adopted, in 1789, contained few personal guarantees. Some states, refused to ratify it, without a specific bill of rights. James Madison, led, in the adoptions of 10 Amendments, that became known as, the Bill of Rights, although the name is most often given, to the first 8 Amendments. The Bill, came into effect on December 15, 1791. The Supreme Court, has held that, under Amendment 14, the Bill of Rights, also applies to all state governments.
State Constitutions: Each state constitution, contains a bill of rights or a declaration of rights. It guarantees, the fundamental rights listed in the United States Constitution.
Some state bill of rights, are more detailed, than the federal bill of rights. Virginia, adopted the first state bill of rights, as part of its Constitution, in 1776.
The United Nations General Assembly: adopted the Universal Declaration of Human Rights, on December 10, 1948.
The declaration asserts that, all persons, are equal in dignity, and rights, and have the right to: Life, Liberty, and Security.
It also lists certain Social and Cultural Rights, such as: the right to own property, the right to work, and the right to an education.
The Constitution:
A Constitution, is the Basic set of Rules, that governs a country. The Constitution of a country, usually provides for: the form of the government, for limits on the government's powers, and for assurances of the rights and liberties of all citizens.In order to make the rules of the Constitution lasting, the process of changing them, or amending the constitution, has usually been made difficult. For example, to amend the United States Constitution, both the Senate, and the House of Representatives, must agree to the amendment, by a two-thirds (2/3) vote. The legislatures, or specially chosen conventions, in three fourths (3/4) of the state, must agree to any change.The U.S. Constitution, is the basic law of the country. If, the courts find that, a law passed by Congress, conflicts with the Constitution, the law is declared - Unconstitutional, and cannot be enforced.
Great Britain, has an unwritten constitution. The basic rules, that make up the British Constitution, are the traditions of: Freedom, Justice, and Human Rights, under which, the British people have lived, for hundreds of years. But, these rules, can be changed by parliament. The right of free speech, in Great Britain, is considered to be, protected, fully, by the country's unwritten constitution, as it is by the written constitution of the U.S. In Canada, the constitution, is in the British North American Act, passed by the British parliament. Interestingly, each state, of the U.S., has its own constitution. Usually, these constitutions, were written, at constitutional conventions.
Constitution Day:
Constitution Day, commemorates, the signing of a constitution. In the U.S., it falls on September 17. On that day, in 1787, delegates from 12 states, signed the document, that established, a new form of government, for the nation. Constitution Day, is not a national holiday, but public-spirited citizens, and organizations, in many American Communities, observe it, with ceremonies, programs, and meetings.
The signing of the Constitution of The United States, climaxed a four-month session of debates, in Independence Hall, in Philadelphia. George Washington, presided over the session, that began on May 25. The convention, proposed, to ensure the rights, that the Declaration of Independence had declared - inalienable. The Constitution, became one of the most important documents in history. It, has served as a model, for nearly every country, that has adopted a constitutional form of government. These countries, celebrate the adoption, with their own Constitution Day.
Government-Democracy-Religion:
Amendment 1, of the Constitution, insures, freedom of religion, in the United States. Throughout U.S. history, religion, has been closely related to government. Like the United States, most democratic countries, have taken the position that government will not interfere, in religious affairs. A true democracy, should give, even more positive protection, to religious freedom, by acting to prevent discrimination, against religious groups. In the U.S., the 1st Amendment to the Constitution, completely separates Church and State, thus Congress may not establish a state church. The constitutions, of the various states, place similar prohibitions, upon the state legislatures.
The following quotations, are examples of democratic ideas, on the relation of government, to religion:
"Congress, shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
- The Constitution of the United States, Amendment I (1791)
"No one shall be disturbed on account of his opinions, even religious, provided their manifestation does not derange the public order established by law."
- French Declaration of the Rights of Man and Citizen. Article X (1791)
"Our civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry ..."
"The opinions of men are not the object of civil government."
- Virginia Bill for Establishing Religious Freedom, drafted by Thomas Jefferson, (1786)
"Today religion is still free within our borders."
"It must ever remain so."
- Franklin D. Rossevelt, June 14, 1936
Freedom of Religion:
Freedom, of Religion, in the broadest sense means: the Right, of each person, to worship according to his or her own convictions. This means, This means that, a man or woman, may practice whatever religious rites he or she chooses, as long as these do not directly injure other people, or threaten to destroy society. Freedom of religion, also includes the right of an individual, not to worship at all, if he or she chooses.
Constitutional Guarantees:
The United States, has almost complete toleration of religious beliefs and freedom of worship. The first clause of the Amendment I of the Constitution reads:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The authors, of this clause, intended it ti protect, not hamper religion. The population of the United States, from the beginning, represented many sects of Christianity, as well as Judaism, and other faiths. It would have been impractical, and unjust, for Congress, to have established any one denomination, as the state Church.
At first, the states did not follow the same practice. In several New England states, Protestant Christianity was established, by law. State laws, could even restrict voting, on religious grounds. But, all states, now have provisions in their constitutions, for the purpose of protecting religious freedom.
Traditions:
The United States government, does not have any particular religious creed, but, it is not irreligious. Supreme Court Justice Joseph Story, in 1833, commented on Amendment I to the Constitution, and on the general opinion at the time, he wrote: "The general if not the Universal sentiment, in America, was that, Christianity, ought to receive encouragement from the state, so far as was not incompatible [or unsuitable], with the private rights of conscience, and freedom of religious worship." This view, has been sustained, down to our day. Justice William O. Douglas, wrote in a Supreme Court decision in 1951:
"We, are a religious people, whose institutions, presuppose a Supreme Being.
We, guarantee the freedom to worship as one chooses.
We, make room for, as wide a variety of beliefs and creeds, as the spiritual needs of man deem necessary ...
When the state encourages religious instruction, or cooperates with religious authorities,
by adjusting the schedule of public events, to sectarian needs, it follows the best, of out traditions."
Americans, publicly recognize, the authority of religion, in many ways. Sessions of Congress, and State Legislatures, open with prayers. The government, exempts the property of churches from taxation, and ministers of religion from military service. A national day of Thanksgiving, religious in origin, is proclaimed each year. Witnesses, in courts, swear on Bibles. The official Pledge of Allegiance to the Flag, includes the words: " ... one nation, under God ... ." Many oaths of office include, acknowledgment of God's Sovereignty.
In Other Countries:
In many parts of the world, religious toleration, does not exist.
Totalitarian Governments: bitterly oppose religion, and in some countries, it has become dangerous, for a person to practice his or her faith.
Nazi Germany: conducted one of the most savage religious persecutions, in history.German authorities, arrested most of the Jews in Germany. More than 6,000,000 Jews were died, or were murdered, in concentration camps. Germany, imprisoned, or put to death many prominent Christian churchmen, as well.
Russia: persecuted Jews, in the late 1800's. Since the Russian Revolution of 1917, Russia, and other Communist countries, have persecuted Christians and Jews, on a large scale. These states do not entirely forbid religion, but many people find it difficult to practice their faith. Churches, have been deprived of their property, and sometimes forced to close altogether. The governments, have conducted intensive propaganda campaigns, to denounce all religion, and to persuade people, especially the young, not to attend church.
China: The government, has imprisoned, or expelled foreign missionaries. It has also organized Chinese Christians, into government - supervised churches, with the intention, of changing Christian Doctrines, to conform with the teachings of Karl Marx. They, have also murdered many Christians.
Other Nations: England, Scotland, Sweden, and other countries, maintain established state churches, which tolerate other Christian groups. Moslem countries, which have achieved political independence, have, in the past, carried on Persecutions of both Christians and Jews. Moslems ans Hindus in India, have been bitterly intolerant, and hostile, since the British withdrew in 1947.
The Four Freedoms:
American President, Franklin D. Rossevelt, in a message to Congress, on January 6, 1941, said that: any settlements, made after World War II, should be based on the "Four Freedoms." He, defined these four (4) Freedoms as:
1. Freedom of Speech, 2. Freedom of Worship, 3. Freedom from Want, and 4. Freedom from Fear. Roosevelt, asked Congress, for laws, allowing him, to lend or lease war materials to countries fighting the Axis, or to any country, whose defense was important to the U.S. President Rossevelt's words were as follows:
"In the future days, which we seek to make secure, we look forward to a world,
founded upon Four Essential Human Freedoms."
1. "The First Freedom of Speech and Expression - everywhere in the world.
2. The Second Freedom, is the Freedom of Every Person to Worship God, in his or her own way - everywhere in the world.
3. The Third Freedom, is Freedom from Want, which translated into world terms, means, economic understandings, which will secure to every nation, a healthy peaceful life, for its inhabitants - everywhere in the world.
4. The Fourth Freedom, is Freedom from Fear, which, translated into world terms, means, a world-wide reduction of armaments, to such a point, and in such a thorough fashion, that no nation, will be in a position to commit an act of physical aggression, against any neighbor - anywhere in the world."
Declaration of Independence: Preamble:
When the colonists of North America decided that they were fed up with abuse and taxation from the government of Great Britain, they formally stated their opinion and their intentions in a letter to the King which today is known as the Declaration of Independence. This is the first of a series of articles in which we will explore this document and its relation to freedom of religion.
Researched and written by Jim Allison
The Declaration of Independence is made up of five distinct parts: the introduction; the preamble; the body, which can be divided into two sections; and a conclusion.
The introduction states that this document will "declare" the "causes" that have made it necessary for the American colonies to leave the British Empire.
Having stated in the introduction that independence is unavoidable, even necessary, the preamble sets out principles that were already recognized to be "self-evident" by most 18th-century Englishmen, closing with the statement that "a long train of abuses and usurpations . . . evinces a design to reduce [a people] under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."
INTRODUCTION
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
PREAMBLE
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness."
Either way the following has something to say on the matter:
WHAT IS A PREAMBLE
(1) Preamble. A clause at the beginning of a constitution or statute explanatory of the reasons for its enactment and the objects sought to be accomplished. Generally, a preamble is a declaration by the legislature of the reasons for the passage of the statute and is helpful in the interpretation of any ambiguities within the statute to which it is prefixed. It has been held however to not be an essential part of act, and neither enlarges nor confers powers.
(2) PREAMBLE. A preface, an introduction or explanation of what is to follow: that clause at the head of acts of congress or other legislatures which explains the reasons why the act is made. Preambles are also frequently put in contracts to, explain the motives of the contracting parties,
A preamble is said to be the key of a statute, to open the minds of the makers as to the mischiefs which are to be remedied, and the objects which are to be accomplished by the provisions of the statutes. It cannot amount, by implication, to enlarge what is expressly given. 1 Story on Const. B 3, c. 6. How far a preamble is to be considered evidence of the facts it recites, see 4 M. & S. 532; 1 Phil. Ev. 239; 2 Russ. on Cr. 720; and see, generally, Ersk. L. of Scotl. 1, 1, 18; Toull. liv. 3, n. 318; 2 Supp. to Ves. jr. 239; 4 L. R. 55; Barr. on the Stat. 353, 370.
(3) Preamble Politics: Problems with the 1999 Referendum & 21st Century Prospects by Anne Winckel
[This was a essay on the Australian Constitution but it has some interestign points to it ]
I INTRODUCTION
. . . A preamble does not make law – but rather it introduces the laws that follow. Political agendas and fear campaigns over the last few years have managed to cloud the issues sufficiently for the national interest to be deftly sidestepped.
The constitutional preamble is the opening text that comes before the enacting clause, the introductory covering clauses and the substantive sections of the Commonwealth Constitution itself. We've had the current preamble since the Constitution was enacted 100 years ago, but for more than a decade now, there has been talk about getting ourselves a brand new preamble. New words for a new era. There are lots of obvious reasons why a new preamble seems like a good idea: the original preamble has historical omissions (eg failure to mention indigenous people and failure to mention Western Australia), it lacks soul, and it fails miserably to embody any aspirational national text.
Isn't it ironic that Australians can rarely quote any words from our Constitution, but we are pretty familiar with the "We the people" of the preamble to the Constitution of the United States of America 1787 (US), and the "all … are created equal … endowed by their Creator with certain unalienable rights" of the American Declaration of Independence 1776 (US). . . .
(4) Annotations
Purpose and Effect of the Preamble
Although the preamble is not a source of power for any department of the Federal Government: 1. the Supreme Court has often referred to it as evidence of the origin, scope, and purpose of the Constitution. 2. ''Its true office,'' wrote Joseph Story in his COMMENTARIES, ''is to expound the nature and extent and application of the powers actually conferred by the Constitution, and not substantively to create them. For example, the preamble declares one object to be, 'to provide for the common defense.' No one can doubt that this does not enlarge the powers of Congress to pass any measures which they deem useful for the common defence. But suppose the terms of a given power admit of two constructions, the one more restrictive, the other more liberal, and each of them is consistent with the words, but is, and ought to be, governed by the intent of the power; if one could promote and the other defeat the common defence, ought not the former, upon the soundest principles of interpretation, to be adopted?'' 3. Preambles have no power, no authority no force; they are not an essential part of the law or constitution, in short aren't law. Nor is the Declaration of Independence as a whole a preamble to the Constitution as some have claimed
OBJECTIONS ADMITTING THE PRINCIPLE INVOLVED,
BUT URGED AGAINST THE EXPEDIENCY OF THE MOVEMENT.
Objection 1. The Constitution already acknowledges God.
The objector says, substantially: "The proposed amendment is just and proper, but it is unnecessary. God and Christianity are now acknowledged in the fundamental law of the nation." And what is the proof of such acknowledgment? The word oath, a passing reference to the Christian Sabbath in the clause, "Sundays excepted," making the Sabbath a dies non in the reckoning of days during which the Resident may retain a bill for approval, the mention of the common law, and the formula of date. These are all. They hardly require notice. It may be said in brief, however, that the mention of the Sabbath is simply an incidental allusion, an evidence, indeed, that there was a Sabbath known; but it is no acknowledgment of the obligation of the Sabbath. The dating again is no part of the instrument. It merely marks the time. And more than all else, the name of God was excluded from the form of the President's oath, incorporated in the Constitution. Can these features of the Constitution, with a mention of the common law, be regarded as an adequate acknowledgment of the nation's subjection to God and his government? It is now almost universally admitted that they are not religious acknowledgments at all. So completely devoid is our Constitution of any religious character that multitudes of both infidels and Christians agree in stating that it is no more Christian than Mohammedan. As Ex-President Woolsey declared in his paper read before the Evangelical Alliance, it needs no change to adapt it to a Mohammedan nation. Admiring, as we do, the many exellencies of our Constitution, we are constrained to admit this sad defect. If it is still claimed that an acknowledgment of God and Christianity is in the Constitution, it must also be admitted that such an acknowledgment, now dimly there at best, should be made so clear and explicit that no room may be left for doubt. What is there rightfully ought to be there indisputably.*
Since the foregoing pages were stereoyped the First Objection has been brought to our notice in another form by an eminent citizen of New England. He says "The Declaration of Independence is really the, full Preamble of the Constitution. It sets forth sentiments and principles; the Constitution follows it with rules and regulations. That document, at the outset, declares it to be a self-evident truth that all men are created equal and endouved by their Creator with all their rights; and closes with an appeal 'to the Supreme Judge of the World.'"
We are fully sensible of the value of these expressions in the Declaration. They prove that the nation then owned her allegiance to God. They vindicate her right, now strenuously denied, to acknoxvledge God in public documents. They show that what we propose is consistent with the spirit and exantple of our fathers, in the noblest passages of our history. But we must clearly distinguish betwcen these two documents. The Declaration is not part of the written Constitution. Its value is historical rather than legal. It is a deed of the nation which has passed into history; the Constitution, as a law, is an ever-present act of the nation's will.. The argument which is drawn from the silence of the Constitution concerning God and Religiou against all Christian features of our government as contrary to " our political covenant," nut covered by the bond, cannot be adequately met by an appeal in the Declaration of 1776.
. . . yet lawyers generally and the Supreme Court in particular, have been reluctant to treat the Declaration as part of American Organic Law, or even to accord it the restricted status of the Preamble tp the constitution.
ambrosesearle@yahoo.com (ambrose searle) wrote:
To wit, The Oxford Companion to the Supreme Court of the United States, Kermit Hall, editor (New York: Oxford University Press, 1992), p. 223, states,
"Congress has placed the Declaration of Independence at THE HEAD OF THE UNITED STATES CODE, under the caption 'The organic Laws of the United States of America.' [1 US Code xxxv-xxxvii (1982 ed.)] The Supreme Court has accorded it binding legal force, for example, in resolving questions of alienage (Ingles v. Trustees of Sailors Snug Harbor, 1830)."
Now, in the event that you don't understand the term "organic law," see BLACK'S LAW DICTIONARY (the standard dictionary for legal practitioners). BLACK's defines "organic law" as "the FUNDAMENTAL law or constitution of a state or nation, written or unwritten. That law or system of laws or principles which defines and establishes the organization of its government."
Here is what Richard Gardiner AKA Ambrose Searle provided:
To wit, The Oxford Companion to the Supreme Court of the United States, Kermit Hall, editor (New York: Oxford University Press, 1992), p. 223, states,
"Congress has placed the Declaration of Independence at THE HEAD OF THE UNITED STATES CODE, under the caption 'The organic Laws of the United States of America.' [1 US Code xxxv-xxxvii (1982 ed.)] The Supreme Court has accorded it binding legal force, for example, in resolving questions of alienage (Ingles v. Trustees of Sailors Snug Harbor, 1830)."
[He also said]
The fact that the Supreme Court has treated the Declaration of Independence as a binding statement of law is demonstrable in a multitude of cases:
[EMPHASIS ADDED]
****The constitutional and legal status of the Declaration of Independence is curiously ambiguous.**** John Hancock (in his capacity as president of the Second Continental Congress) and James Madison both considered it to be, in Madison's words, "the fundamental Act of Union of these States." Reflecting that view, Congress has placed it at the head of the United States Code, under the caption, "The Organic Laws of the United States of America." ****The Supreme Court has INFREQUENTLY accorded it binding legal force, for example, in resolving questions of alienage (Inglis v. Trustees of Sailor's Snug Harbour, 1830). Yet lawyers generally, and the Supreme Court in particular, have been reluctant to treat the Declaration as part of American organic law, or even to accord it the restricted status of the Preamble to the Constitution.**** Conservatives like Daniel Webster denied that there is a constitutionally recognized right of revolution, and those state supreme courts that have addressed the issue in the twentieth century have adopted Webster's view.
****Reformers, such as antebellum abolitionists, insisted that the Declaration was part of the constitutional order, while their opponents, including John C. Calhoun, denigrated its authority and validity.**** The adoption of the 'Thirteenth and Fourteenth Amendments allayed the urgency of that question by incorporating concepts of equality, freedom, and citizenship into the operative constitutional text.
Nevertheless, the Declaration of Independence endures as the basic statement of the principles of American government. Abraham Lincoln invoked its authority in the supreme crisis of the union, and it remains today the foundation of our constitutional order.
What was actually said isn't nearly so helpful to Richard Gardiner AKA Ambrose Searle.
This is a standard tactic employed by Richard Gardiner AKA Ambrose Searle. Time and time again in the past, he was caught with his hand in the cookie jar, i.e. selectively posting some section of something that appears to support his position, however, when it was checked out, and it was frequently checked out, what he didn't include deluded or totally altered that which he did provide to the point of being neutral or damaging to his position.
Under a section numbered XXXVII - LXVII, Titled Organic Laws of the United States of America, it contains the Declaration of Independence, The Articles of Confederation, The Northwest Ordinance and the Constitution.
Fact of the matter is, the latter three of those were, in fact, at some time or other actually in force and enforceable laws. The Constitution, of course, still is law, the supreme law of the land.
The Declaration of Independence never was a law.
One has to wonder, if they want it to be a law, what was it enacting? Under whose authority? What was the punishment for not carrying whatever enacted out?
Richard Gardiner AKA Ambrose Searle mentioned Black's Law Dictionary in his post as well.
He said
Now, in the event that you don't understand the term "organic law," see BLACK'S LAW DICTIONARY (the standard dictionary for legal practitioners). BLACK's defines "organic law" as "the FUNDAMENTAL law or constitution of a state or nation, written or unwritten. That law or system of laws or principles which defines and establishes the organization of its government."
Since he endorsed it so strongly he is going to have to stand by it with regards to this from the same dictionary: The legal definition of a preamble is:
Preamble. A clause at the beginning of a constitution or statute explanatory of the reasons for its enactment and the objects sought to be accomplished. Generally, a preamble is a declaration by the legislature of the reasons for the passage of the statute and is helpful in the interpretation of any ambiguities within the statute to which it is prefixed. It has been held however to not be an essential part of act, and neither enlarges nor confers powers.SOURCE: P. Black's Law Dictionary, abridged Sixth Edition, Centennial Edition (1891-1991) West Publishing Co. (1991) p 813.
In case it is too complicated for you, preambles have no power, no authority no force -- they are not an essential part of the law or constitution.
Since much of what certain people like to claim from the Declaration of Independence rests in the Preamble, it's a hollow claim.
Now for the rest:
Concluding Remarks: The Declaration in Modern Context
What place does the Declaration of independence have in modern political discourse? Is it a basis for the formulation of law and public policy? Are its principles still binding? Are its themes preserved in the Constitution? Does it aid in interpreting the religion clauses? What does it contribute to the debate over original intent?
The first thing that can clearly be stated about the Declaration is that it is not law. That is, none of its provisions can be law unless enacted into law. The Declaration is inspiring, but its most inspirational parts today remain in the realm of politics, not law. It mostly represents a ringing statement of political philosophy from a past age. The Declaration did not purport to create a new government or to enact any new laws. The bulk of it is exactly what it claimed to be: an announcement to the world of American reasons for renouncing its ties to Great Britain. New governments and new laws were created later-in state constitutions and the Articles of Confederation.
The present Constitution depends on the Declaration's theory that the people are empowered to alter their form of government. The Constitution was not ratified under the procedures for amending the Articles of Confederation but instead by a new and independent act of the American people. The people today could again abandon their Constitution and adopt an entirely new one. They need not use the Constitution's amendment procedures unless they wish to leave the present Constitution in effect. Constitutional interpretation is aided little by the Declaration. The thirteen years between the adoption of the Declaration and the ratification of the Constitution was a period of intense political change. The Declaration's loose, free-wheeling philosophy of the people's "rights," preserved to a large degree in the Articles of Confederation, gradually gave way to the Constitution's more structured framework that was necessary to support a strong national government. if today we find tensions between the Declaration and the Constitution, it is mostly because new views had come to prevail. Throughout the debates of the Convention, there was virtually no discussion of Nature's God, natural rights, or consent of the governed. As Roger Sherman understood it, the question was "not what rights naturally belong to man, but how they may be most equally and effectually guarded in society." The Declaration cannot change the meaning of the Constitution; at most it can make proposed interpretations seem more or less plausible."
The Declaration might be helpful in construing the Ninth Amendment, which provides, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Though it is largely ignored in modern constitutional adjudication, this clause writes the Declaration's philosophy of unalienable natural law rights into positive law. The Declaration is too broadly written, however, to be of much help in defining the content of these unenumerated rights.
The United States Declaration of Independence
(Thomas Jefferson)
- The Congress, July 4, 1776.
- The Unanimous Declaration of the Thirteen United States of America:
- When, in the course of human events, it becomes necessary, for one people, to dissolve the political bands, which have connected them with another, and to assume, among the powers of the earth, the separate and equal station, to which the Laws of Nature and of Nature's God, entitle them, a decent respect, to the opinions of mankind requires that, they, should declare the causes, which impel them, to the separation.
- We, hold these truths, to be self-evident, that all men [and women], are created equal, that, they are endowed, by their Creator, with certain unalienable Rights, that, among these are: Life, Liberty, and the pursuit of happiness.
-That, to secure these rights, governments, are instituted among mankind, deriving their just powers,
from the consent of the governed.
-That, whenever any form of government, becomes destructive of these ends, it is the Right of the People, to alter or abolish it, and to institute new government, laying its foundation, on such principals, and organizing its powers, in such form, as to them, shall seem most likely to effect their Safety and Happiness.
* Prudence, indeed, will dictate, that governments - long established, should not be changed, for light and transient causes.
And, accordingly, all experience, hath shown, that mankind are more disposed to suffer [evils];
But then, can right themselves, by abolishing the forms, to which they are accustomed [to suffering].
Yet, when a long train of abuses and injustices, pursuing invariably, the same object, evinces [reveals], a design, to reduce them, under absolute Despotism [tyranny], it is their right, it is their duty, to throw off such government, and to provide new guards, for their future security.
Such, has been the patient sufferance, of these Colonies.
And, such, is now the necessity, which constrains them, to alter their former Systems of government.
The history, of the present King of Great Britain, is a history of repeated injuries and usurpations,
all, having in direct object, the establishment, of an absolute tyranny, over these states.
* To prove this, let facts be submitted, to candid world.
1. He, has refused his assent to laws, the most wholesome and necessary, for the public good.
2. He, has forbidden his governors, to pass laws, of immediate and pressing importance,
unless, suspended in their operation, till his assent should be obtained;
And, when so suspended, he has utterly neglected, to attend to them.
3. He, has refused to pass other laws, for the accommodation, of large districts of people,
unless, those people would relinquish, the right of representation, in the legislature-
a right, inestimable, to them, and formidable, to tyrants only.
4. He, has called together, legislative bodies, at places: unusual, uncomfortable,
and distant from the depository of their public records, for the sole purpose,
of fatiguing them, into compliance, with his measures.
5. He, has dissolved Representative Houses, repeatedly,
for opposing with manly firmness, his invasion on the rights of the people.
6. He, has refused, for a long time, after such dissolutions, to cause others, to be elected;
Whereby, the legislative powers, incapable of annihilation, have returned, to the people at large, for exercise;
The state, remaining in the mean time, exposed, to all the dangers of invasion, from without, and convulsions - within.
7. He, has endeavoured, to prevent the population of these states;
For that purpose, obstructing the laws for Naturalization of Foreigners;
refusing, to pass others, to encourage their migrations hither;
And, raising the conditions, of new Appropriations of Lands.
8. He, has obstructed, the Administration of Justice, by refusing his assent, to laws, for establishing judiciary powers.
9. He, has made judges dependent on his, will alone, for the tenure of their offices, and the amount and payment of their salaries.
10.He, has erected a multitude of new offices, and sent hither, swarms of officers, to harass our people, and, eat out their substance.
11. He, has kept, among us, in times of peace, standing armies, without the consent of our legislatures.
12. He, has affected, to render the military, independent of, and superior to, the civil power.
13. He, has combined, with others, to subject us, to jurisdiction, foreign to our Constitution,and unacknowleged by our laws,
giving his, assent, to their acts of pretended legislation.
a. For quartering large bodies of armed troops among us:
b. For protecting them, by mock trial, from punishment for any murders, which they, should commit on the inhabitants of these states:
c. For cutting off our trade, with all parts of the world:
d. For imposing taxes, on us, without our consent"
e. For depriving us, in many cases, of the benefits, of trial by jury:
f. For transporting us, beyond seas, to be tried for pretend offences:
g. For abolishing, the free system of English laws, in a neighbouring Province;
establishing, therein, an arbitrary [tyrant] government, and enlarging its boundaries,
so as to render it at once, an example and fit instrument, for introducing the same absolute rule, in these Colonies:
h. For taking away our Chartes, abolishing our most valuable laws, and altering fundamentally, the Forms of our governments:
i. For suspending our own legislatures, and declaring themselves, invested, with power to legislate, for us, in all cases, whatsoever.
14. He, has abdicated government here, by declaring us, out of his protection, and waging war, against us.
15. He, has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
16. He, is at this time, transporting large armies of foreign mercenaries, to complete the works of: death, desolation, and tyranny,
already begun, with circumstances of cruelty pertidy [treachery], scarcely paralleled,
in the most barbarous ages, and totally unworthy [is he of being] the head, of a civilized nation.
17.He, has constrained our fellow citizens, taken captive on the high seas, to bear arms, against their own country -
to become the executioners, of their friends and brethren, or to fall themselves, by their hands.
18. He, has excited domestic insurrections, among us, and has endeavoured, to bring on the inhabitants of our frontiers,
the merciless Indian savages, whose known rule of warfare, is an undistinguished destruction of all:ages, sexes, and conditions
In every stage of these oppressions, we, have petitioned for redress, in the most humble terms:
Our repeated petitions, have been answered, only by, repeated injury.
A prine, whose character, is thus marked, by every act, which may define a tyrant, is unfit, to be the ruler of a free people.
Nor, have we, been wanting in attentions, to our British brethren. We, have warned them, from time to time, of attempts, by their legislature, to extend an unwarrantable jurisdiction, over us. We, have reminded them, of the circumstances, f our emigration, and settlement here. We, have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our common kindred, to disavow, these usurpations, which would inevitably interrupt our connections and correspondence.They too, have been deaf, to the voice of justice, and of consanguinity.
We, must therefore, acquiesce, in the necessity, which denounces our separation, and hold them, as we, hold the rest of mankind, enemies in war, in peace- friends.We, therefore, the representatives, of the United States of America, in General Congress, assembled, appealing to the supreme judge of the world, for the rectitude, of our intentions, do, in the name, and by authority of the good people of these Colonies, solemnly publish, and declare that, ... these United Colonies, are, and of right, ought to be Free and Independent States; that they, are absolved from all allegiance to the British Crown, and that, all political connection, between them, and the State of Great Britain. is and ought to be, totally dissolved; And, that as Free and Independent States, they have full power to: levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things, which Independent States may of right do.And, for the support of this Declaration, with a firm reliance, on the protection of Divine Providence [God}, we, mutually pledge, to each other, our lives, our fortunes, and our sacred honor.
The Emancipation Proclamation
United States President Abraham Lincoln
- Whereas, on the 22 day of September, in the year of our Lord, 1862,
a proclamation, was issued by the President of the United States,
containing, among other things, the following, to wit:
- That on the 1st day [of the month] January, in the year of our Lord, 1863,
All persons held as slaves, within any State, or designated part of a State,
the people, whereof, shall then be in rebellion, against the United States,
shall be then, thenceforward, and *forever free;
and, the Executive Government of the United States,
including the military, and naval authority thereof, will recognize and maintain
the freedom of such persons, and will do no act or acts to repress such persons,
or any of them, in any efforts they may make, for their actual freedom.
- That the Executive will, on the 1st day of January, aforesaid, by proclamation,
designate the States, and parts of States, if, any, in which the people thereof respectively,
shall then be in rebellion, against the United States;
and, the fact that any State, or the people thereof,
Shall on that day, be in good faith, represented in the Congress of the United States,
by members, chosen thereof, at election wherein, a majority of the qualified voters,
of such State, shall have participated, shall in the absence of strong countervailing testimony,
be deemed conclusive evidence, that such State and the people thereof,
are not then, in rebellion against the Unite States.
- Now, therefore, I, Abraham Lincoln, President of the United States,
by virtue of the power in me vest as Commander-in-Chief,
of the Army and Navy of the United States,
in time of actual armed rebellion, against the authority and government of the United States,
and, as a fit and necessary war measure, for suppressing said rebellion,
do, on this 1st day of January, in the year of our Lord, 1863,
and in the accordance with my purpose, so to do, publicly proclaimed,
for the full period of 100 days, from the day first above mentioned,
order and designate, as the States and parts of the States wherein, the people thereof,
respectively, are this day in rebellion against the United States, the following, to wit:
- Arkansas, Texas, Louisiana,
(except the parishes of Saint Bernard, Plaque mines, Jefferson,
Saint John, Saint Charles, Saint James, Ascension, Assumption, Terre Bonne, Lafourche,
Saint Mary, Saint Martin, and Orleans, including the city of New Orleans),
Mississippi, Alabama, Florida, Georgia, South Carolina, and Virginia,
(except, the 48 counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton,
Elizabeth City, York, Princess Anne, and Norfolk, including the cities of Norfolk, and Portsmouth),
and, which excepted parts are, for the present, left precisely, as if this proclamation, were not issued.
- And, by virtue of the power and for the purpose aforsaid,
I, do order and declare, that all persons held as slaves,
within said designated States, and parts of States, are, and henceforward, shall be free;
And, that the Executive Government of the United States,
including the Military and Naval authorities thereof,
shall recognize and maintain, the freedom of said persons.
- And, I, hereby enjoin upon the people, so declared,
to be free, to abstain from all violence, unless in necessary - self-defense;
And, I, recommend to them, that in all cases, where allowed,
they labor, faithfully for reasonable wages.
- And, I, further declare, and make known, that such persons, of suitable condition,
will be received, into the Armed Service of the United States, to garrison forts,
positions, stations, and other places, and to man vessels of all sorts, in said service.
- And, upon this act, sincerely believed to be an act of justice,
warranted by the Constitution, upon military necessity,
I, invoke the considerate judgment of mankind, and the gracious favor of Almighty God.
- In witness whereof, I, have hereunto, set my hand,
and caused the seal of the United States, to be affixed.
- Done at the city of Washington, the 1st day of January, in the year of our Lord, 1863,
and of the independence of the United States of America the 87th.
By the 16th President of the United States of America: Abraham Lincoln
William H. Seward, Secretary of State.
Abraham Lincoln, the 16th President of the United States of America, Gettysburg Address (1863)
The Gettysburg Address
"Four score, and seven years ago, our fathers brought forth, upon this continent, a 'New Nation',
conceived in Liberty, and dedicated to the proposition that, all men are created equal.
"Now we, are engaged in a great civil war, testing whether that nation,
or any nation, so conceived, and so dedicated, can long endure.
We, are met here on a great battlefield of thar war.
We, have come to dedicate a portion of it, as a final resting place,
for those, who here, gave their lives, that the nation might live.
It, is altogether, fitting and proper, that we, should do this.
But, in a larger sense, we can not dedicate - we can not consecrate - we, can not hallow this ground.
The brave men, living and dead, who struggled here, have consecrated it,
far above our poor power to add or detract.
The world, will little note, nor long remember, what we, say here, but can never forget what they, did here.
It is for us, the living, rather, to be dedicated here, to the unfinished work, which they, have thus far, so nobly carried on.
It, is rather for us, to be here, dedicated to the great task remaining, before us -
that, from these honored dead, we, take increased devotion,
to that cause, for which they, here gave the last full measure of devotion -
that we, here, highly resolve, that these dead, shall not have died in vain;
that, this nation, shall have a 'New Birth of Freedom';
And that, this government of: the people - by the people - for the people,
Shall not perish, from the earth."
President Abraham Lincoln 1863.
* President Abraham Lincoln, delivered this short speech, on November 19, 1863, at the site of the Battle of Gettysburg, in Pennsylvania.
The Battle of Gettysburg, was fought, from July 1, and lasted until July 3, 1863, and this Battle, marked a turning point, in the Civil War.
The Confederate Army, under General Robert E. Lee, met the Union Army, lead by General George Meade.
The Universal Declaration of Human Rights, was adopted, by the United Nations General Assembly, on December 10, 1948. It, sets forth the basic social, economic, and civil rights, and freedoms, of every human being. The Declaration, was written, by the Commission on Human Rights, of the U.N. Economic and Social Council. Its preamble states that, the Declaration, is meant to serve as: 'a common standard of achievement, for all peoples, and nations'. It was fashioned, after the Bill of Rights, contained, in the constitutions of such Democratic countries, as the United States and Great Britain. The Four Freedoms, set forth, by President Franklin Roosevelt, during World War II, also were used, as a foundation, for the Human Rights Declaration.
The Declaration, states that: all human beings, are born free and equal: in dignity and rights. Everyone, has the right to: life, liberty, and the security of person. Slavery, is forbidden, as well as: cruel, degrading treatment, and punishment. All persons, must have: equal protection of the law, and privacy of home, family, and correspondence. Anyone, charged with a crime, must be considered innocent, until proved guilty. The right to: freedom of thought, conscience, speech, religion, and peaceful assembly, is upheld, by the Declaration. It, recognizes, the right of adult men and women, to marry the persons of their own choice, and the right to found families. The right to education, and the right to own property, are also asserted, in the Declaration.
The Declaration, also recognizes: the right of free choice of employment, favorable working conditions, just pay, and protection against unemployment. And, workers, may form and join trade unions. "Everyone, has the right to a standard of living, adequate for the health and well-being of him or herself, and of his or her family." The Declaration asserts, that everyone, has the right to leave any country, including his own, and return. Also, everyone, has the right to a nationality, and the right to change his nationality. All persons, have the right to take part in the government of their country. The will of the people, shall be the basis of the authority, of the government - the Declaration maintains.
Article 2 states:
'None of the rights and freedoms, defined in the Declaration, are to be denied a person, because of:
race, color, sex, birth, or other status, beyond his own personal control.
Human Relations- Defined:
Human relations, in general, are the interactions, between two or more people. More specifically, human relations, is a field of study, that deals with group behavior.Human relations studies,try to discover the best means to achieve desired individual, and group goals, with a minimum of needless conflict. They apply the knowledge gained, through the Social Sciences, to situations ranging from family relations, to international affairs.
Human relations work, is based on the belief that, each individual, has certain needs, and that, the people differ, in what they consider important. It accepts human dignity, as basic, and holds that each person, must be treated with respect. Human relations, also assumes that, a person joins a group because, he expects to get something from it, and that the group in turn, makes demands on each member.
Governmental Law:
Law:
Wherever men and women have lived together, they, have found it necessary to develop rules of conduct. All mankind, need rules, for the settlements of disputes. They, also need rules, for the organization of their governments. Law: is the set of rules, which the government enforces, through its police, its courts, and its other agencies. Law, makes it possible, for men and women to live together, peacably, in a community.
If, there was no law, every man could do just as he pleased, and thus, all, nations, would become lawless societies.
With law, the people, in a community, know that the government, will enforce rules, that will make it possible for them, to live together, without conflict. This Philosophy or Science of Law, is called Jurisprudence, which means: a System of Laws, and the Science or Philosophy of Law.
[There are Two Sets of Laws: God's Laws and Governmental Laws. There must be brought, a Balance, of both sets of Laws, thus working together, towards the greater good of all peoples. Both God's Laws, and Governmental laws, work at its ultimate, when, both sets of Laws are followed correctly.]
Religion and Government:
In ancient societies, and in many societies still today, religion and government, were/are usually combined, whereas, the tribal chief, serves as the priest or the religious leader. More technical societies, usually distinguish, between Church and State, or in other words, religion and government. Many nations, including the United States, offer equal opportunities, to all religions. In other nations, one religion, enjoys a special place, above the other religions. Some examples include: the Anglican Church of England, Islam in Pakistan, Judaism in Israel, the Lutheran Church in Sweden, and the Roman Catholic Church in Italy and Spain.
A Church, that is especially favored by a government, is sometimes called a State Church. In some countries, the church is an arm of the state. Most, but not all countries, with state churches, grant religious freedom, to members of other faiths.
Liberty/Freedom:
Liberty, is the exemption from unnecessary restraints. The word, usually has the same meaning as freedom. The two [2] main types of Liberty are: 1.Oral Liberty, often called Freedom of the Will, and 2. Legal or Political Liberty.
Moral Liberty: means, the power of a person, to make choices, between right and wrong, and good and evil.
In this way, he or she, can form his or her own opinions, and guide his or her own actions.
Political Liberty: is, the freedom guaranteed by laws. Political liberty, protects the individual, from the arbitrary activies of the government.
The Statue of Liberty [in the United States]:
The Statue of Liberty, called Lady Liberty, also known as "Liberty Enlightening the World, represents a proud woman, dressed in a loose robe, that falls in graceful folds at the top of the pedestal, on which the lady stands. Her right arm, holds a great torch [light] , raised high in the air. Her left arm, grasps a tablet, bearing the date of the Declaration of Independence. A crown, with huge spikes [7 spikes], like the sun rays, rests on her head. At her feet, is a broken shackle, which people seldom notice.The broken shackle symbolizes the overthrow or end of tyranny. The torch, gleams at night, with powerful incandescent and mercury-vapor lights, as a symbol of, Liberty, shedding light upon the world.
The people of France, presented the Statue of Liberty, to the minister of the United States, in Paris, on July 4, 1884.The Statue, was shipped to the United States, in 214 cases, aboard the French ship Is'ere, in May of 1885. The site, chosen, for the Statue, was the center of old Fort Wood, on Bedloe's Island, overlooking the ship channel, of New York Harbor. The Statue, was dedicated, on October 28, 1886. The Statue, stands on Liberty Island, formerly Bedloe's Island [the name was changed in 1956], in New York Harbor. France, gave her to the United States, in 1884, as a symbol of friendship and of the liberty, that citizens enjoy, under a free form of government. A model, of the Statue, stands on a bridge, that crosses the Seine River, in Paris. "The New Colossus", a poem, by Emma Lazarus, was inscribed, on a tablet, in he pedestal, in 1903. \
"The New Colossus," by Emma Lazarus
Not like the brazen giant of Greek fame;
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand,
A mighty woman with a torch, whose flame
Is the imprisoned lightening,
And her name Mother of Exiles.
From her beacon-hand,
Glows world-wide welcome;
Her mild eyes command.
The air-bridged harbor that twin cities frame.
"Keep ancient lands, your storied pomp! cries she
With silent lips":
"Give me your tired, your poor,
Your huddled masses
Yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"
Emma Lazarus 6-8-1835
The Liberty Bell
The historic Liberty Bell, was made in England [Great Britain], in 1752, and later, was recast, in Philadelphia. It was rung, each year, until 1835, when it ceaked, during the funeral of Chief Justice John Marshall. The Liberty Bell, is a treasured relic, of the early days of American Indepedence. It was rung on July 8, 1776, to calll citizens together, to announce the adoption of the Declaration off Independence. Its inscription reads: "Proclaim liberty, throughout all the land, unto all the inhabitants thereof" and the inscription, was taken from the Bible, Leviticus 25:10. The province of Pennsylvania, paid about $300 for it, in 1752. It, is now in the Tower Room of Independence Hall, in Philadelphia. The bell, was first cast in England. But, it broke in ringing, after its arrival, and wast recast in Philadelphia, from the same metal, with the same inscription, in 1753. It weighs more than 2,080 pounds. In the adjoining yard, it rang at each successive anniversary of the adoption of the Declaration, until 1835. It broke on July 8, that year, while tolling, during the funeral solemnities of John Marshall, Chief Justice of the United States, who, died in this city. "The Bell, is no longer rung, but it has been struck on special occasions. On June 6, 1944, when Allied Forces landed in France, Philadelphia officials, struck the bell. Special sound equipment picked up the tone, amplified it, and broadcast it, to all parts of the United States. Officials, rang a larger bell, in the steeple of Independence Hall, to announce America's entry into World War I.
The Liberty Cap: is a famous Symbol of Freedom. It was given to a freed slave, in ancient Rome.
In modern times, it has appeared on certain American coins.
And, a red cap, was adopted by the 'patriots' of the French Revolution.
Freedom
Freedom is: making your own choices.
living your life the way you choose to live it.
not living in fear.
not being oppressed.
having rights, as a human being should.
Freedom is: being able to be an individual.
having your own mind, and being able to use it.
having that right, to practice your religious beliefs.
being accepted as an equal person, equal with all peoples.
not being forced to be someone that you are not.
Freedom is: having your own home and your own family, and the choice to have many children.
having the right, to speak your own mind.
having the right, to your own opinions.
being what you want to be.
not being dictated to, or ordered around.
Freedom is: not being punished for being yourself.
no prejudice.
a soul at peace.
being able to be happy.
being able to love.
Freedom is: not being dominated.
being able to be honest.
being liberated.
Freedom is: what America stands for?
Freedom is: Liberty and Justice for all!
+ Janet Marie Katherine +
Bill of Rights:
The Bill of Rights, comprises the bulwark of American civil liberties. The Ten (10) Amendments, to the United States Constitution, that guarantee Basic Freedoms and Rights, were added in 1791. The Bill of Rights, is a document, that describes the Fundamental Liberties, of the people. It also forbids the government, to violate these rights. Most bills of rights, guarantee, to everyone, the freedoms of: speech, religion, the press, and the right of assembly.They protect a person's right to: liberty, and the pursuit of happiness. Most Constitutions, adopted, in modern times, include a bill of rights.Mankind, is considered, to have rights, that are inborn, and that, no government may deprive anyone of these inborn rights.
A self-governing nation, has only limited powers - delegated by the people. Self-government, is considered, to be, the best form of government. For effective self-government, a citizen, needs fundamental human freedoms, so that, he may vote intelligently, and have the capacity, to hold public offices, and to govern wisely. Many of these ideas, were developed in the Bible (Holy Scripture), and in ancient Greek and Roman Civilizations. In modern history, such men as John Locke, John Milton, John Stuart Mill - of great Britain, and Thomas Jefferson, James Madison, and Thomas Paine - of the United States, fought, for the acceptance of these views.
American Bill of Rights: United States Constitution:
The first eight (8) Amendments, to the Constitution, contain the fundamental Rights and Freedoms, of every citizen. Amendment nine (9) and ten (10), forbid Congress, to adopt laws, that would violate these rights. * But, the Supreme Court of the U.S., has held that, these rights have some limits. For example, freedom of speech, does not protect a person, who shouts "Fire" in a crowed theatre, when there is no fire. Yet, the government, must respect these freedoms, in all but extreme circumstances. The Supreme Court, has held that, freedom, may be limited only, when its exercise creates a "clear and present danger" to society. The Constitution, adopted, in 1789, contained few personal guarantees. Some states, refused to ratify it, without a specific bill of rights. James Madison, led, in the adoptions of 10 Amendments, that became known as, the Bill of Rights, although the name is most often given, to the first 8 Amendments. The Bill, came into effect on December 15, 1791. The Supreme Court, has held that, under Amendment 14, the Bill of Rights, also applies to all state governments.
State Constitutions: Each state constitution, contains a bill of rights or a declaration of rights. It guarantees, the fundamental rights listed in the United States Constitution.
Some state bill of rights, are more detailed, than the federal bill of rights. Virginia, adopted the first state bill of rights, as part of its Constitution, in 1776.
The United Nations General Assembly: adopted the Universal Declaration of Human Rights, on December 10, 1948.
The declaration asserts that, all persons, are equal in dignity, and rights, and have the right to: Life, Liberty, and Security.
It also lists certain Social and Cultural Rights, such as: the right to own property, the right to work, and the right to an education.
The Constitution:
A Constitution, is the Basic set of Rules, that governs a country. The Constitution of a country, usually provides for: the form of the government, for limits on the government's powers, and for assurances of the rights and liberties of all citizens.In order to make the rules of the Constitution lasting, the process of changing them, or amending the constitution, has usually been made difficult. For example, to amend the United States Constitution, both the Senate, and the House of Representatives, must agree to the amendment, by a two-thirds (2/3) vote. The legislatures, or specially chosen conventions, in three fourths (3/4) of the state, must agree to any change.The U.S. Constitution, is the basic law of the country. If, the courts find that, a law passed by Congress, conflicts with the Constitution, the law is declared - Unconstitutional, and cannot be enforced.
Great Britain, has an unwritten constitution. The basic rules, that make up the British Constitution, are the traditions of: Freedom, Justice, and Human Rights, under which, the British people have lived, for hundreds of years. But, these rules, can be changed by parliament. The right of free speech, in Great Britain, is considered to be, protected, fully, by the country's unwritten constitution, as it is by the written constitution of the U.S. In Canada, the constitution, is in the British North American Act, passed by the British parliament. Interestingly, each state, of the U.S., has its own constitution. Usually, these constitutions, were written, at constitutional conventions.
Constitution Day:
Constitution Day, commemorates, the signing of a constitution. In the U.S., it falls on September 17. On that day, in 1787, delegates from 12 states, signed the document, that established, a new form of government, for the nation. Constitution Day, is not a national holiday, but public-spirited citizens, and organizations, in many American Communities, observe it, with ceremonies, programs, and meetings.
The signing of the Constitution of The United States, climaxed a four-month session of debates, in Independence Hall, in Philadelphia. George Washington, presided over the session, that began on May 25. The convention, proposed, to ensure the rights, that the Declaration of Independence had declared - inalienable. The Constitution, became one of the most important documents in history. It, has served as a model, for nearly every country, that has adopted a constitutional form of government. These countries, celebrate the adoption, with their own Constitution Day.
Government-Democracy-Religion:
Amendment 1, of the Constitution, insures, freedom of religion, in the United States. Throughout U.S. history, religion, has been closely related to government. Like the United States, most democratic countries, have taken the position that government will not interfere, in religious affairs. A true democracy, should give, even more positive protection, to religious freedom, by acting to prevent discrimination, against religious groups. In the U.S., the 1st Amendment to the Constitution, completely separates Church and State, thus Congress may not establish a state church. The constitutions, of the various states, place similar prohibitions, upon the state legislatures.
The following quotations, are examples of democratic ideas, on the relation of government, to religion:
"Congress, shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
- The Constitution of the United States, Amendment I (1791)
"No one shall be disturbed on account of his opinions, even religious, provided their manifestation does not derange the public order established by law."
- French Declaration of the Rights of Man and Citizen. Article X (1791)
"Our civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry ..."
"The opinions of men are not the object of civil government."
- Virginia Bill for Establishing Religious Freedom, drafted by Thomas Jefferson, (1786)
"Today religion is still free within our borders."
"It must ever remain so."
- Franklin D. Rossevelt, June 14, 1936
Freedom of Religion:
Freedom, of Religion, in the broadest sense means: the Right, of each person, to worship according to his or her own convictions. This means, This means that, a man or woman, may practice whatever religious rites he or she chooses, as long as these do not directly injure other people, or threaten to destroy society. Freedom of religion, also includes the right of an individual, not to worship at all, if he or she chooses.
Constitutional Guarantees:
The United States, has almost complete toleration of religious beliefs and freedom of worship. The first clause of the Amendment I of the Constitution reads:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The authors, of this clause, intended it ti protect, not hamper religion. The population of the United States, from the beginning, represented many sects of Christianity, as well as Judaism, and other faiths. It would have been impractical, and unjust, for Congress, to have established any one denomination, as the state Church.
At first, the states did not follow the same practice. In several New England states, Protestant Christianity was established, by law. State laws, could even restrict voting, on religious grounds. But, all states, now have provisions in their constitutions, for the purpose of protecting religious freedom.
Traditions:
The United States government, does not have any particular religious creed, but, it is not irreligious. Supreme Court Justice Joseph Story, in 1833, commented on Amendment I to the Constitution, and on the general opinion at the time, he wrote: "The general if not the Universal sentiment, in America, was that, Christianity, ought to receive encouragement from the state, so far as was not incompatible [or unsuitable], with the private rights of conscience, and freedom of religious worship." This view, has been sustained, down to our day. Justice William O. Douglas, wrote in a Supreme Court decision in 1951:
"We, are a religious people, whose institutions, presuppose a Supreme Being.
We, guarantee the freedom to worship as one chooses.
We, make room for, as wide a variety of beliefs and creeds, as the spiritual needs of man deem necessary ...
When the state encourages religious instruction, or cooperates with religious authorities,
by adjusting the schedule of public events, to sectarian needs, it follows the best, of out traditions."
Americans, publicly recognize, the authority of religion, in many ways. Sessions of Congress, and State Legislatures, open with prayers. The government, exempts the property of churches from taxation, and ministers of religion from military service. A national day of Thanksgiving, religious in origin, is proclaimed each year. Witnesses, in courts, swear on Bibles. The official Pledge of Allegiance to the Flag, includes the words: " ... one nation, under God ... ." Many oaths of office include, acknowledgment of God's Sovereignty.
In Other Countries:
In many parts of the world, religious toleration, does not exist.
Totalitarian Governments: bitterly oppose religion, and in some countries, it has become dangerous, for a person to practice his or her faith.
Nazi Germany: conducted one of the most savage religious persecutions, in history.German authorities, arrested most of the Jews in Germany. More than 6,000,000 Jews were died, or were murdered, in concentration camps. Germany, imprisoned, or put to death many prominent Christian churchmen, as well.
Russia: persecuted Jews, in the late 1800's. Since the Russian Revolution of 1917, Russia, and other Communist countries, have persecuted Christians and Jews, on a large scale. These states do not entirely forbid religion, but many people find it difficult to practice their faith. Churches, have been deprived of their property, and sometimes forced to close altogether. The governments, have conducted intensive propaganda campaigns, to denounce all religion, and to persuade people, especially the young, not to attend church.
China: The government, has imprisoned, or expelled foreign missionaries. It has also organized Chinese Christians, into government - supervised churches, with the intention, of changing Christian Doctrines, to conform with the teachings of Karl Marx. They, have also murdered many Christians.
Other Nations: England, Scotland, Sweden, and other countries, maintain established state churches, which tolerate other Christian groups. Moslem countries, which have achieved political independence, have, in the past, carried on Persecutions of both Christians and Jews. Moslems ans Hindus in India, have been bitterly intolerant, and hostile, since the British withdrew in 1947.
The Four Freedoms:
American President, Franklin D. Rossevelt, in a message to Congress, on January 6, 1941, said that: any settlements, made after World War II, should be based on the "Four Freedoms." He, defined these four (4) Freedoms as:
1. Freedom of Speech, 2. Freedom of Worship, 3. Freedom from Want, and 4. Freedom from Fear. Roosevelt, asked Congress, for laws, allowing him, to lend or lease war materials to countries fighting the Axis, or to any country, whose defense was important to the U.S. President Rossevelt's words were as follows:
"In the future days, which we seek to make secure, we look forward to a world,
founded upon Four Essential Human Freedoms."
1. "The First Freedom of Speech and Expression - everywhere in the world.
2. The Second Freedom, is the Freedom of Every Person to Worship God, in his or her own way - everywhere in the world.
3. The Third Freedom, is Freedom from Want, which translated into world terms, means, economic understandings, which will secure to every nation, a healthy peaceful life, for its inhabitants - everywhere in the world.
4. The Fourth Freedom, is Freedom from Fear, which, translated into world terms, means, a world-wide reduction of armaments, to such a point, and in such a thorough fashion, that no nation, will be in a position to commit an act of physical aggression, against any neighbor - anywhere in the world."
Declaration of Independence: Preamble:
When the colonists of North America decided that they were fed up with abuse and taxation from the government of Great Britain, they formally stated their opinion and their intentions in a letter to the King which today is known as the Declaration of Independence. This is the first of a series of articles in which we will explore this document and its relation to freedom of religion.
Researched and written by Jim Allison
The Declaration of Independence is made up of five distinct parts: the introduction; the preamble; the body, which can be divided into two sections; and a conclusion.
The introduction states that this document will "declare" the "causes" that have made it necessary for the American colonies to leave the British Empire.
Having stated in the introduction that independence is unavoidable, even necessary, the preamble sets out principles that were already recognized to be "self-evident" by most 18th-century Englishmen, closing with the statement that "a long train of abuses and usurpations . . . evinces a design to reduce [a people] under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."
INTRODUCTION
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
PREAMBLE
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness."
Either way the following has something to say on the matter:
WHAT IS A PREAMBLE
(1) Preamble. A clause at the beginning of a constitution or statute explanatory of the reasons for its enactment and the objects sought to be accomplished. Generally, a preamble is a declaration by the legislature of the reasons for the passage of the statute and is helpful in the interpretation of any ambiguities within the statute to which it is prefixed. It has been held however to not be an essential part of act, and neither enlarges nor confers powers.
(2) PREAMBLE. A preface, an introduction or explanation of what is to follow: that clause at the head of acts of congress or other legislatures which explains the reasons why the act is made. Preambles are also frequently put in contracts to, explain the motives of the contracting parties,
A preamble is said to be the key of a statute, to open the minds of the makers as to the mischiefs which are to be remedied, and the objects which are to be accomplished by the provisions of the statutes. It cannot amount, by implication, to enlarge what is expressly given. 1 Story on Const. B 3, c. 6. How far a preamble is to be considered evidence of the facts it recites, see 4 M. & S. 532; 1 Phil. Ev. 239; 2 Russ. on Cr. 720; and see, generally, Ersk. L. of Scotl. 1, 1, 18; Toull. liv. 3, n. 318; 2 Supp. to Ves. jr. 239; 4 L. R. 55; Barr. on the Stat. 353, 370.
(3) Preamble Politics: Problems with the 1999 Referendum & 21st Century Prospects by Anne Winckel
[This was a essay on the Australian Constitution but it has some interestign points to it ]
I INTRODUCTION
. . . A preamble does not make law – but rather it introduces the laws that follow. Political agendas and fear campaigns over the last few years have managed to cloud the issues sufficiently for the national interest to be deftly sidestepped.
The constitutional preamble is the opening text that comes before the enacting clause, the introductory covering clauses and the substantive sections of the Commonwealth Constitution itself. We've had the current preamble since the Constitution was enacted 100 years ago, but for more than a decade now, there has been talk about getting ourselves a brand new preamble. New words for a new era. There are lots of obvious reasons why a new preamble seems like a good idea: the original preamble has historical omissions (eg failure to mention indigenous people and failure to mention Western Australia), it lacks soul, and it fails miserably to embody any aspirational national text.
Isn't it ironic that Australians can rarely quote any words from our Constitution, but we are pretty familiar with the "We the people" of the preamble to the Constitution of the United States of America 1787 (US), and the "all … are created equal … endowed by their Creator with certain unalienable rights" of the American Declaration of Independence 1776 (US). . . .
(4) Annotations
Purpose and Effect of the Preamble
Although the preamble is not a source of power for any department of the Federal Government: 1. the Supreme Court has often referred to it as evidence of the origin, scope, and purpose of the Constitution. 2. ''Its true office,'' wrote Joseph Story in his COMMENTARIES, ''is to expound the nature and extent and application of the powers actually conferred by the Constitution, and not substantively to create them. For example, the preamble declares one object to be, 'to provide for the common defense.' No one can doubt that this does not enlarge the powers of Congress to pass any measures which they deem useful for the common defence. But suppose the terms of a given power admit of two constructions, the one more restrictive, the other more liberal, and each of them is consistent with the words, but is, and ought to be, governed by the intent of the power; if one could promote and the other defeat the common defence, ought not the former, upon the soundest principles of interpretation, to be adopted?'' 3. Preambles have no power, no authority no force; they are not an essential part of the law or constitution, in short aren't law. Nor is the Declaration of Independence as a whole a preamble to the Constitution as some have claimed
OBJECTIONS ADMITTING THE PRINCIPLE INVOLVED,
BUT URGED AGAINST THE EXPEDIENCY OF THE MOVEMENT.
Objection 1. The Constitution already acknowledges God.
The objector says, substantially: "The proposed amendment is just and proper, but it is unnecessary. God and Christianity are now acknowledged in the fundamental law of the nation." And what is the proof of such acknowledgment? The word oath, a passing reference to the Christian Sabbath in the clause, "Sundays excepted," making the Sabbath a dies non in the reckoning of days during which the Resident may retain a bill for approval, the mention of the common law, and the formula of date. These are all. They hardly require notice. It may be said in brief, however, that the mention of the Sabbath is simply an incidental allusion, an evidence, indeed, that there was a Sabbath known; but it is no acknowledgment of the obligation of the Sabbath. The dating again is no part of the instrument. It merely marks the time. And more than all else, the name of God was excluded from the form of the President's oath, incorporated in the Constitution. Can these features of the Constitution, with a mention of the common law, be regarded as an adequate acknowledgment of the nation's subjection to God and his government? It is now almost universally admitted that they are not religious acknowledgments at all. So completely devoid is our Constitution of any religious character that multitudes of both infidels and Christians agree in stating that it is no more Christian than Mohammedan. As Ex-President Woolsey declared in his paper read before the Evangelical Alliance, it needs no change to adapt it to a Mohammedan nation. Admiring, as we do, the many exellencies of our Constitution, we are constrained to admit this sad defect. If it is still claimed that an acknowledgment of God and Christianity is in the Constitution, it must also be admitted that such an acknowledgment, now dimly there at best, should be made so clear and explicit that no room may be left for doubt. What is there rightfully ought to be there indisputably.*
Since the foregoing pages were stereoyped the First Objection has been brought to our notice in another form by an eminent citizen of New England. He says "The Declaration of Independence is really the, full Preamble of the Constitution. It sets forth sentiments and principles; the Constitution follows it with rules and regulations. That document, at the outset, declares it to be a self-evident truth that all men are created equal and endouved by their Creator with all their rights; and closes with an appeal 'to the Supreme Judge of the World.'"
We are fully sensible of the value of these expressions in the Declaration. They prove that the nation then owned her allegiance to God. They vindicate her right, now strenuously denied, to acknoxvledge God in public documents. They show that what we propose is consistent with the spirit and exantple of our fathers, in the noblest passages of our history. But we must clearly distinguish betwcen these two documents. The Declaration is not part of the written Constitution. Its value is historical rather than legal. It is a deed of the nation which has passed into history; the Constitution, as a law, is an ever-present act of the nation's will.. The argument which is drawn from the silence of the Constitution concerning God and Religiou against all Christian features of our government as contrary to " our political covenant," nut covered by the bond, cannot be adequately met by an appeal in the Declaration of 1776.
. . . yet lawyers generally and the Supreme Court in particular, have been reluctant to treat the Declaration as part of American Organic Law, or even to accord it the restricted status of the Preamble tp the constitution.
ambrosesearle@yahoo.com (ambrose searle) wrote:
To wit, The Oxford Companion to the Supreme Court of the United States, Kermit Hall, editor (New York: Oxford University Press, 1992), p. 223, states,
"Congress has placed the Declaration of Independence at THE HEAD OF THE UNITED STATES CODE, under the caption 'The organic Laws of the United States of America.' [1 US Code xxxv-xxxvii (1982 ed.)] The Supreme Court has accorded it binding legal force, for example, in resolving questions of alienage (Ingles v. Trustees of Sailors Snug Harbor, 1830)."
Now, in the event that you don't understand the term "organic law," see BLACK'S LAW DICTIONARY (the standard dictionary for legal practitioners). BLACK's defines "organic law" as "the FUNDAMENTAL law or constitution of a state or nation, written or unwritten. That law or system of laws or principles which defines and establishes the organization of its government."
Here is what Richard Gardiner AKA Ambrose Searle provided:
To wit, The Oxford Companion to the Supreme Court of the United States, Kermit Hall, editor (New York: Oxford University Press, 1992), p. 223, states,
"Congress has placed the Declaration of Independence at THE HEAD OF THE UNITED STATES CODE, under the caption 'The organic Laws of the United States of America.' [1 US Code xxxv-xxxvii (1982 ed.)] The Supreme Court has accorded it binding legal force, for example, in resolving questions of alienage (Ingles v. Trustees of Sailors Snug Harbor, 1830)."
[He also said]
The fact that the Supreme Court has treated the Declaration of Independence as a binding statement of law is demonstrable in a multitude of cases:
[EMPHASIS ADDED]
****The constitutional and legal status of the Declaration of Independence is curiously ambiguous.**** John Hancock (in his capacity as president of the Second Continental Congress) and James Madison both considered it to be, in Madison's words, "the fundamental Act of Union of these States." Reflecting that view, Congress has placed it at the head of the United States Code, under the caption, "The Organic Laws of the United States of America." ****The Supreme Court has INFREQUENTLY accorded it binding legal force, for example, in resolving questions of alienage (Inglis v. Trustees of Sailor's Snug Harbour, 1830). Yet lawyers generally, and the Supreme Court in particular, have been reluctant to treat the Declaration as part of American organic law, or even to accord it the restricted status of the Preamble to the Constitution.**** Conservatives like Daniel Webster denied that there is a constitutionally recognized right of revolution, and those state supreme courts that have addressed the issue in the twentieth century have adopted Webster's view.
****Reformers, such as antebellum abolitionists, insisted that the Declaration was part of the constitutional order, while their opponents, including John C. Calhoun, denigrated its authority and validity.**** The adoption of the 'Thirteenth and Fourteenth Amendments allayed the urgency of that question by incorporating concepts of equality, freedom, and citizenship into the operative constitutional text.
Nevertheless, the Declaration of Independence endures as the basic statement of the principles of American government. Abraham Lincoln invoked its authority in the supreme crisis of the union, and it remains today the foundation of our constitutional order.
What was actually said isn't nearly so helpful to Richard Gardiner AKA Ambrose Searle.
This is a standard tactic employed by Richard Gardiner AKA Ambrose Searle. Time and time again in the past, he was caught with his hand in the cookie jar, i.e. selectively posting some section of something that appears to support his position, however, when it was checked out, and it was frequently checked out, what he didn't include deluded or totally altered that which he did provide to the point of being neutral or damaging to his position.
Under a section numbered XXXVII - LXVII, Titled Organic Laws of the United States of America, it contains the Declaration of Independence, The Articles of Confederation, The Northwest Ordinance and the Constitution.
Fact of the matter is, the latter three of those were, in fact, at some time or other actually in force and enforceable laws. The Constitution, of course, still is law, the supreme law of the land.
The Declaration of Independence never was a law.
One has to wonder, if they want it to be a law, what was it enacting? Under whose authority? What was the punishment for not carrying whatever enacted out?
Richard Gardiner AKA Ambrose Searle mentioned Black's Law Dictionary in his post as well.
He said
Now, in the event that you don't understand the term "organic law," see BLACK'S LAW DICTIONARY (the standard dictionary for legal practitioners). BLACK's defines "organic law" as "the FUNDAMENTAL law or constitution of a state or nation, written or unwritten. That law or system of laws or principles which defines and establishes the organization of its government."
Since he endorsed it so strongly he is going to have to stand by it with regards to this from the same dictionary: The legal definition of a preamble is:
Preamble. A clause at the beginning of a constitution or statute explanatory of the reasons for its enactment and the objects sought to be accomplished. Generally, a preamble is a declaration by the legislature of the reasons for the passage of the statute and is helpful in the interpretation of any ambiguities within the statute to which it is prefixed. It has been held however to not be an essential part of act, and neither enlarges nor confers powers.SOURCE: P. Black's Law Dictionary, abridged Sixth Edition, Centennial Edition (1891-1991) West Publishing Co. (1991) p 813.
In case it is too complicated for you, preambles have no power, no authority no force -- they are not an essential part of the law or constitution.
Since much of what certain people like to claim from the Declaration of Independence rests in the Preamble, it's a hollow claim.
Now for the rest:
Concluding Remarks: The Declaration in Modern Context
What place does the Declaration of independence have in modern political discourse? Is it a basis for the formulation of law and public policy? Are its principles still binding? Are its themes preserved in the Constitution? Does it aid in interpreting the religion clauses? What does it contribute to the debate over original intent?
The first thing that can clearly be stated about the Declaration is that it is not law. That is, none of its provisions can be law unless enacted into law. The Declaration is inspiring, but its most inspirational parts today remain in the realm of politics, not law. It mostly represents a ringing statement of political philosophy from a past age. The Declaration did not purport to create a new government or to enact any new laws. The bulk of it is exactly what it claimed to be: an announcement to the world of American reasons for renouncing its ties to Great Britain. New governments and new laws were created later-in state constitutions and the Articles of Confederation.
The present Constitution depends on the Declaration's theory that the people are empowered to alter their form of government. The Constitution was not ratified under the procedures for amending the Articles of Confederation but instead by a new and independent act of the American people. The people today could again abandon their Constitution and adopt an entirely new one. They need not use the Constitution's amendment procedures unless they wish to leave the present Constitution in effect. Constitutional interpretation is aided little by the Declaration. The thirteen years between the adoption of the Declaration and the ratification of the Constitution was a period of intense political change. The Declaration's loose, free-wheeling philosophy of the people's "rights," preserved to a large degree in the Articles of Confederation, gradually gave way to the Constitution's more structured framework that was necessary to support a strong national government. if today we find tensions between the Declaration and the Constitution, it is mostly because new views had come to prevail. Throughout the debates of the Convention, there was virtually no discussion of Nature's God, natural rights, or consent of the governed. As Roger Sherman understood it, the question was "not what rights naturally belong to man, but how they may be most equally and effectually guarded in society." The Declaration cannot change the meaning of the Constitution; at most it can make proposed interpretations seem more or less plausible."
The Declaration might be helpful in construing the Ninth Amendment, which provides, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Though it is largely ignored in modern constitutional adjudication, this clause writes the Declaration's philosophy of unalienable natural law rights into positive law. The Declaration is too broadly written, however, to be of much help in defining the content of these unenumerated rights.
The United States Declaration of Independence
(Thomas Jefferson)
- The Congress, July 4, 1776.
- The Unanimous Declaration of the Thirteen United States of America:
- When, in the course of human events, it becomes necessary, for one people, to dissolve the political bands, which have connected them with another, and to assume, among the powers of the earth, the separate and equal station, to which the Laws of Nature and of Nature's God, entitle them, a decent respect, to the opinions of mankind requires that, they, should declare the causes, which impel them, to the separation.
- We, hold these truths, to be self-evident, that all men [and women], are created equal, that, they are endowed, by their Creator, with certain unalienable Rights, that, among these are: Life, Liberty, and the pursuit of happiness.
-That, to secure these rights, governments, are instituted among mankind, deriving their just powers,
from the consent of the governed.
-That, whenever any form of government, becomes destructive of these ends, it is the Right of the People, to alter or abolish it, and to institute new government, laying its foundation, on such principals, and organizing its powers, in such form, as to them, shall seem most likely to effect their Safety and Happiness.
* Prudence, indeed, will dictate, that governments - long established, should not be changed, for light and transient causes.
And, accordingly, all experience, hath shown, that mankind are more disposed to suffer [evils];
But then, can right themselves, by abolishing the forms, to which they are accustomed [to suffering].
Yet, when a long train of abuses and injustices, pursuing invariably, the same object, evinces [reveals], a design, to reduce them, under absolute Despotism [tyranny], it is their right, it is their duty, to throw off such government, and to provide new guards, for their future security.
Such, has been the patient sufferance, of these Colonies.
And, such, is now the necessity, which constrains them, to alter their former Systems of government.
The history, of the present King of Great Britain, is a history of repeated injuries and usurpations,
all, having in direct object, the establishment, of an absolute tyranny, over these states.
* To prove this, let facts be submitted, to candid world.
1. He, has refused his assent to laws, the most wholesome and necessary, for the public good.
2. He, has forbidden his governors, to pass laws, of immediate and pressing importance,
unless, suspended in their operation, till his assent should be obtained;
And, when so suspended, he has utterly neglected, to attend to them.
3. He, has refused to pass other laws, for the accommodation, of large districts of people,
unless, those people would relinquish, the right of representation, in the legislature-
a right, inestimable, to them, and formidable, to tyrants only.
4. He, has called together, legislative bodies, at places: unusual, uncomfortable,
and distant from the depository of their public records, for the sole purpose,
of fatiguing them, into compliance, with his measures.
5. He, has dissolved Representative Houses, repeatedly,
for opposing with manly firmness, his invasion on the rights of the people.
6. He, has refused, for a long time, after such dissolutions, to cause others, to be elected;
Whereby, the legislative powers, incapable of annihilation, have returned, to the people at large, for exercise;
The state, remaining in the mean time, exposed, to all the dangers of invasion, from without, and convulsions - within.
7. He, has endeavoured, to prevent the population of these states;
For that purpose, obstructing the laws for Naturalization of Foreigners;
refusing, to pass others, to encourage their migrations hither;
And, raising the conditions, of new Appropriations of Lands.
8. He, has obstructed, the Administration of Justice, by refusing his assent, to laws, for establishing judiciary powers.
9. He, has made judges dependent on his, will alone, for the tenure of their offices, and the amount and payment of their salaries.
10.He, has erected a multitude of new offices, and sent hither, swarms of officers, to harass our people, and, eat out their substance.
11. He, has kept, among us, in times of peace, standing armies, without the consent of our legislatures.
12. He, has affected, to render the military, independent of, and superior to, the civil power.
13. He, has combined, with others, to subject us, to jurisdiction, foreign to our Constitution,and unacknowleged by our laws,
giving his, assent, to their acts of pretended legislation.
a. For quartering large bodies of armed troops among us:
b. For protecting them, by mock trial, from punishment for any murders, which they, should commit on the inhabitants of these states:
c. For cutting off our trade, with all parts of the world:
d. For imposing taxes, on us, without our consent"
e. For depriving us, in many cases, of the benefits, of trial by jury:
f. For transporting us, beyond seas, to be tried for pretend offences:
g. For abolishing, the free system of English laws, in a neighbouring Province;
establishing, therein, an arbitrary [tyrant] government, and enlarging its boundaries,
so as to render it at once, an example and fit instrument, for introducing the same absolute rule, in these Colonies:
h. For taking away our Chartes, abolishing our most valuable laws, and altering fundamentally, the Forms of our governments:
i. For suspending our own legislatures, and declaring themselves, invested, with power to legislate, for us, in all cases, whatsoever.
14. He, has abdicated government here, by declaring us, out of his protection, and waging war, against us.
15. He, has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
16. He, is at this time, transporting large armies of foreign mercenaries, to complete the works of: death, desolation, and tyranny,
already begun, with circumstances of cruelty pertidy [treachery], scarcely paralleled,
in the most barbarous ages, and totally unworthy [is he of being] the head, of a civilized nation.
17.He, has constrained our fellow citizens, taken captive on the high seas, to bear arms, against their own country -
to become the executioners, of their friends and brethren, or to fall themselves, by their hands.
18. He, has excited domestic insurrections, among us, and has endeavoured, to bring on the inhabitants of our frontiers,
the merciless Indian savages, whose known rule of warfare, is an undistinguished destruction of all:ages, sexes, and conditions
In every stage of these oppressions, we, have petitioned for redress, in the most humble terms:
Our repeated petitions, have been answered, only by, repeated injury.
A prine, whose character, is thus marked, by every act, which may define a tyrant, is unfit, to be the ruler of a free people.
Nor, have we, been wanting in attentions, to our British brethren. We, have warned them, from time to time, of attempts, by their legislature, to extend an unwarrantable jurisdiction, over us. We, have reminded them, of the circumstances, f our emigration, and settlement here. We, have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our common kindred, to disavow, these usurpations, which would inevitably interrupt our connections and correspondence.They too, have been deaf, to the voice of justice, and of consanguinity.
We, must therefore, acquiesce, in the necessity, which denounces our separation, and hold them, as we, hold the rest of mankind, enemies in war, in peace- friends.We, therefore, the representatives, of the United States of America, in General Congress, assembled, appealing to the supreme judge of the world, for the rectitude, of our intentions, do, in the name, and by authority of the good people of these Colonies, solemnly publish, and declare that, ... these United Colonies, are, and of right, ought to be Free and Independent States; that they, are absolved from all allegiance to the British Crown, and that, all political connection, between them, and the State of Great Britain. is and ought to be, totally dissolved; And, that as Free and Independent States, they have full power to: levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things, which Independent States may of right do.And, for the support of this Declaration, with a firm reliance, on the protection of Divine Providence [God}, we, mutually pledge, to each other, our lives, our fortunes, and our sacred honor.
The Emancipation Proclamation
United States President Abraham Lincoln
- Whereas, on the 22 day of September, in the year of our Lord, 1862,
a proclamation, was issued by the President of the United States,
containing, among other things, the following, to wit:
- That on the 1st day [of the month] January, in the year of our Lord, 1863,
All persons held as slaves, within any State, or designated part of a State,
the people, whereof, shall then be in rebellion, against the United States,
shall be then, thenceforward, and *forever free;
and, the Executive Government of the United States,
including the military, and naval authority thereof, will recognize and maintain
the freedom of such persons, and will do no act or acts to repress such persons,
or any of them, in any efforts they may make, for their actual freedom.
- That the Executive will, on the 1st day of January, aforesaid, by proclamation,
designate the States, and parts of States, if, any, in which the people thereof respectively,
shall then be in rebellion, against the United States;
and, the fact that any State, or the people thereof,
Shall on that day, be in good faith, represented in the Congress of the United States,
by members, chosen thereof, at election wherein, a majority of the qualified voters,
of such State, shall have participated, shall in the absence of strong countervailing testimony,
be deemed conclusive evidence, that such State and the people thereof,
are not then, in rebellion against the Unite States.
- Now, therefore, I, Abraham Lincoln, President of the United States,
by virtue of the power in me vest as Commander-in-Chief,
of the Army and Navy of the United States,
in time of actual armed rebellion, against the authority and government of the United States,
and, as a fit and necessary war measure, for suppressing said rebellion,
do, on this 1st day of January, in the year of our Lord, 1863,
and in the accordance with my purpose, so to do, publicly proclaimed,
for the full period of 100 days, from the day first above mentioned,
order and designate, as the States and parts of the States wherein, the people thereof,
respectively, are this day in rebellion against the United States, the following, to wit:
- Arkansas, Texas, Louisiana,
(except the parishes of Saint Bernard, Plaque mines, Jefferson,
Saint John, Saint Charles, Saint James, Ascension, Assumption, Terre Bonne, Lafourche,
Saint Mary, Saint Martin, and Orleans, including the city of New Orleans),
Mississippi, Alabama, Florida, Georgia, South Carolina, and Virginia,
(except, the 48 counties designated as West Virginia, and also the counties of Berkeley, Accomac, Northampton,
Elizabeth City, York, Princess Anne, and Norfolk, including the cities of Norfolk, and Portsmouth),
and, which excepted parts are, for the present, left precisely, as if this proclamation, were not issued.
- And, by virtue of the power and for the purpose aforsaid,
I, do order and declare, that all persons held as slaves,
within said designated States, and parts of States, are, and henceforward, shall be free;
And, that the Executive Government of the United States,
including the Military and Naval authorities thereof,
shall recognize and maintain, the freedom of said persons.
- And, I, hereby enjoin upon the people, so declared,
to be free, to abstain from all violence, unless in necessary - self-defense;
And, I, recommend to them, that in all cases, where allowed,
they labor, faithfully for reasonable wages.
- And, I, further declare, and make known, that such persons, of suitable condition,
will be received, into the Armed Service of the United States, to garrison forts,
positions, stations, and other places, and to man vessels of all sorts, in said service.
- And, upon this act, sincerely believed to be an act of justice,
warranted by the Constitution, upon military necessity,
I, invoke the considerate judgment of mankind, and the gracious favor of Almighty God.
- In witness whereof, I, have hereunto, set my hand,
and caused the seal of the United States, to be affixed.
- Done at the city of Washington, the 1st day of January, in the year of our Lord, 1863,
and of the independence of the United States of America the 87th.
By the 16th President of the United States of America: Abraham Lincoln
William H. Seward, Secretary of State.
Abraham Lincoln, the 16th President of the United States of America, Gettysburg Address (1863)
The Gettysburg Address
"Four score, and seven years ago, our fathers brought forth, upon this continent, a 'New Nation',
conceived in Liberty, and dedicated to the proposition that, all men are created equal.
"Now we, are engaged in a great civil war, testing whether that nation,
or any nation, so conceived, and so dedicated, can long endure.
We, are met here on a great battlefield of thar war.
We, have come to dedicate a portion of it, as a final resting place,
for those, who here, gave their lives, that the nation might live.
It, is altogether, fitting and proper, that we, should do this.
But, in a larger sense, we can not dedicate - we can not consecrate - we, can not hallow this ground.
The brave men, living and dead, who struggled here, have consecrated it,
far above our poor power to add or detract.
The world, will little note, nor long remember, what we, say here, but can never forget what they, did here.
It is for us, the living, rather, to be dedicated here, to the unfinished work, which they, have thus far, so nobly carried on.
It, is rather for us, to be here, dedicated to the great task remaining, before us -
that, from these honored dead, we, take increased devotion,
to that cause, for which they, here gave the last full measure of devotion -
that we, here, highly resolve, that these dead, shall not have died in vain;
that, this nation, shall have a 'New Birth of Freedom';
And that, this government of: the people - by the people - for the people,
Shall not perish, from the earth."
President Abraham Lincoln 1863.
* President Abraham Lincoln, delivered this short speech, on November 19, 1863, at the site of the Battle of Gettysburg, in Pennsylvania.
The Battle of Gettysburg, was fought, from July 1, and lasted until July 3, 1863, and this Battle, marked a turning point, in the Civil War.
The Confederate Army, under General Robert E. Lee, met the Union Army, lead by General George Meade.
