sort of like a signing statement by politicians in a ratifying convention, huh?
Paul Finkelman
President William McKinley Distinguished Professor of Law
and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York 12208-3494
518-445-3386
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>>> Kevin Gutzman <[log in to unmask]> 7/2/2008 11:25 AM >>>
Of course, the only operative section of the D of I is the declaration of
independence. That was the only part of it the congressman had been
empowered by their state legislatures to adopt. The rest is just a
preamble, or what lawyers call "hortatory" language.
Kevin Gutzman
Kevin R. C. Gutzman, J.D., Ph.D.
Associate Professor of History
Western Connecticut State University
See _Who Killed the Constitution? The Fate of American Liberty from World
War I to George W. Bush_ on Amazon.com!
Paul Finkelman <[log in to unmask]>
Sent by: Discussion of research and writing about Virginia history
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07/02/2008 10:41 AM
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Re: [VA-HIST] 07020358Z08 Secession And The Constitution
This is all true. What the D of I did do was to create useful theory of
when Revolution is legitimate, as opposed to when it is simply a power
grab by those who have lost an election or lost power through
constitutional means.
Paul Finkelman
President William McKinley Distinguished Professor of Law
and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York 12208-3494
518-445-3386
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>>> Walter Waddell <[log in to unmask]> 07/02/08 12:25 AM >>>
The Declaration of Independence, as sacred, honored, and highly principled
document as it might be, is not and did
not become "the law of the land".
The "D of I" helped accomplish an act of "supreme" insurrection. The
insurrection was, with great luck, successful.
Thereafter, the "D of I" became irrelevant to and about any specific
discussion of the Constitution, its powers,
its executives, and its governed.
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