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by GunboatDiplomat 3579 days ago
I'm not being a dick, you're being uncharitable.

>The declaration of independence also makes a broad statement that all men are created equal with unalienable rights.

So? The Declaration of Independence is not part of the laws of the United States. Its statements have no bearing on them.

> This is precisely how constitutional protections have been interpreted in other countries, for instance.

Luckily, we're not talking about other countries.

> Or did you forget about "provide for the common defense" aspect of government?

That aspect would argue more that the rights enumerated in the Bill of Rights are applicable by the US government only to US citizens, residents, or visitors, and not to all people everywhere. The Insular Cases support this view.

>No, this is objectively not well-trodden ground, and you're kind of acting like a dick. I recommend not doing that.

Yes, it is well trodden ground. That you refuse to acknowledge it does not make a difference.

1 comments

> So? The Declaration of Independence is not part of the laws of the United States. Its statements have no bearing on them.

Excuse me, but tons of hoopla is made about the intentions of the founding fathers. The declaration of independence obviously has direct bearing on this question, and therefore obviously has direct bearing on interpreting the constitution.

> Luckily, we're not talking about other countries.

That's a weak reply. The point you've failed to grasp is that a constitution requires interpretation, and interpretations change, even despite contrary precedent. The Supreme Court has changed interpretations on fundamental rights multiple times over the US's existence. The US constitution can be interpreted in the same way as other countries have done.

> The declaration of independence obviously has direct bearing on this question, and therefore obviously has direct bearing on interpreting the constitution.

Insofar as the intent of framers of the Constitution (a set distinct from, though overlapping, the drafters and signatories of the Declaration of Independence) has relevance to interpreting the Constitution, the Declaration of Independence has very little value in establishing that intent, not only because the people are different, but because it is separated by fairly critical events from the drafting of the Constitution, which was, after all, not a response to the conditions that the DoI was drafter in response to, but a response to the perceived failures of the system of government adopted under the Articles of Confederation.