Is the United States Declaration of Independence, the LAW of the United States of America?

There is a piece of literature from American history 'The Declaration of Independence', where it says when the Government ceases to recognize natural RIGHTS;

"it is the DUTY of the People to alter and abolish it".

Now, some will say well, that was just the Declaration of Independence.

But, Judge Napolitano says "the Declaration of Independence, is the LAW of the United States of America".

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Not only did it give birth to the United States of America, but it was adopted by Congress, and if you go to the United States "code" you will find it there;

"It is the LAW of the Land".

"That when the Government ceases to recognize the GUARANTEED Natural RIGHTS of the People, it is the duty,...The DUTY of the People, to alter or to abolish it".

And what's more, how do the American People "alter or abolish the Government" when the choices, come election time, are candidates who apparently serve the same interests?

All thoughts welcome.


Prancing lion;

You should have watched the very short clip I provided.

Then you would realise how silly your answer is LOL

Update 2:

Thanks Will.

As ever, your honest and frank reply always enlightens me.


5 Answers

  • Will
    Lv 7
    9 years ago
    Favorite Answer

    Sorry, Brother Gandhi, but you've misquoted the Declaration. its says the following...

    " 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."

    Please note, the word is "Right," not "Duty."

    Furthermore, the Declaration isn't law, nor has it ever been, it is what it purports to be, a declaration of intent to justify Americans declaring their independence from Great Britain.

    I find it incredible that a former judge could misquote the document and totally misconstrue its standing in law. Simply unbelievable.

  • Anonymous
    9 years ago

    The Constitution is the law of the land. It says in Article 6 that it is the supreme law of the land:

    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

    Source(s): After you die, life will continue for eternity. Are you prepared? Seek the truth, and be set free. Find logic, facts, and reason about eternity here:
  • 9 years ago

    We "alter" the Government by voting for people we think will best represent our interests. Politicians will often say one thing, and do another after elected.

    I don't accept your premise that the candidates for elections serve the same interests. I find the terms "Left and Right" wing to be appropriate, as they are going in opposite directions.

    I think you'll find Napolitano (AKA Big Sis) "Cherry Picks" what she wants from the Declaration of Indepndence as it suits her needs.

  • 9 years ago

    Judge Napolitano is incorrect. The declaration was a political document. It never had the force of law and it never will.

    Source(s): 20+ years practicing law
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  • 9 years ago

    We do, every four years.

    We have a bloodless revolution. Millions are spent trying to influence our votes in a free press, while we have free speech (government can't restrict unduly).

    That simple.

    When we have used every other method available to us, THEN people do that.

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