The Declaration of Independence in the American Legal System - Essay Example

 The Declaration of Independence in the American Legal System I. Introduction It was a long process from the time that the first settlers came over to Plymouth Rock in the early 17th century until the thirteen colonies gained independence from Great Britain in 1776 with the draft of the Declaration of Independence—which was a bill signed into law. Over the years, scholars have argued how this document first came into existence, and what were the reasons behind its creation. How and why the Declaration of Independence came to be created is a subject that intrigues even the most lauded historical and legal scholars—which will now be explored here forthwith. II. The Declaration of Independence in the American Legal System How the Declaration of Independence came about started a long time ago, in the annals of history. The laws in the United States which currently govern Americans’ private and working lives, in several spheres, have radically changed over the last two hundred-and-thirty-five years that this country has been in existence. When lawyers speak of the English legal system they are referring to the unified legal system of England and Wales. However, since the U.S., before its inception were colonized by the British—much of American law is derived from the English legal system. Since Great Britain ruled over the colonies, they had adopted the British legal system. There are several sources of the American legal system—including the nature of law, common law, and statute law—and why the Declaration of Independence is most closely associated with statute law, even though it has elements of the other law in it. a. The Nature of Law In any community or group, rules made by the people will develop to control the relationships between these members. These rules are essential if the community is to work. Human beings tend to congregate in societies with a basic human instinct to survive and as far as is possible to flourish. Even in primitive societies, traditions, religions and customs will affect conduct as a society develops. As these societies grow, a more complex set of rules of a more definite nature emerge and a body of law comes into existence. At the same time machinery for the enforcement of these new laws must also come into existence. At first, the colonies were a body of independent states that operated separately from each other. However, eventually, the colonies realized that their independence was imminent once Britain started to block their supply ships with the help of German mercenaries. This made it evident to politicians, statesmen, and writers that Britain was declaring war on the colonies (in essence). Thomas Jefferson used language from John Locke’s Second Treatise on Government to help, in part, draft the Declaration of Independence: “Republicanism meant more than ousting the king. The Declaration of Independence had stated the principle of popular sovereignty: Governments derive ‘their just powers from the consent of the governed.’ In the heat of revolution, many Patriots gave this clause a democratic twist” (Henretta and Brody 2010, 174). Jefferson would later develop the Federalist powers, having developed the concept of checks and balances in government. b. Common Law Most legal systems in Europe (including Scotland) are strongly influenced by Roman Law, and still have some carryover today. The body of law that applies in England and Wales is different and has gradually developed over a long period of time. This body of law is called the ‘Common Law’ and has become the basis of law not only in England and Wales but also in the United States of America and many Commonwealth countries. The common law developed from the Norman Conquest in 1066 when a central strong government led to a centralisation of the administration of law, the unification of varied local customs, travelling judges and centralised courts with a ‘common’ law. The dictionary definition of common law describes it as the ancient customary law of the land. It has existed for time immemorial or for a sufficiently long time that it has been held by judges to have always been the law. It was the ancient system of laws based on previous court decisions (precedents) which have been recorded, and define what the common law relating to a particular matter has always been. Common Law remains in place until replaced by another law or statute. “One of the most popular dates on the American calendar is July 4th” (McKarns 2005, 118). The Declaration of Independence became the customary law of the land after it was passed by Congress on July 4th, 1776—which marks the birthday of the United States and is subsequently celebrated as Independence Day. c. Statute Law Statute law is often referred to as ‘legislation’ and consists of written rules which are formally enacted by a body which has the constitutional power to do so (the legislature, which is a law-making body). The Declaration of Independence is probably most closely associated to statute law, because it is an act of Congress. Congress is the only body that can legislate national law, although some legislative powers are delegated to subordinate bodies. Statute law is written law passed by both Houses of Congress (the Senate and House), which are signed by the President (like the bicameral British Parliamentary system). The Declaration of Independence, therefore, is most closely associated with statute law because it fits into the category of being legislation which is voted upon. III. Why the Declaration of Independence Was Created Basically, the colonies wanted independence from Great Britain, and had been fighting for at least one year in order to gain their sovereignty. Even though the war was already happening, the Declaration of Independence’s arrival “…marked the formal beginning of the American Revolution” (Bennett and Cribb 2008, 230). At the Declaration of Independence’s inception, African-Americans did not have civil rights, but later they would be considered “equal” after Dr. Martin Luther King, Jr., pointed out that “all men” were created equal, not just some. He said, “It [the Declaration of Independence] does not say some men, but it says all men. It does not say all white men, but it says all men…” (King and Washington 1991, 208). At election time, the elements in the Declaration of Independence can be used as a political football with regard to why it was created. Many people might argue, for example, that women don’t have reproductive rights. In the case of Roe v. Wade, many people are against the Supreme Court decision because they are trying to restrict the rights of women. Many people do not want women to be independent—just as the British did not want the colonies to be independent. “In finding that the Texas and Georgia laws violated the due process clause of the Fourteenth Amendment, the broad scope of the Court's constitutional interpretation invalidated abortion laws in forty-six states” (Critchlow 2001, 287). For years women and African-Americans were discriminated against because they were considered second-class citizens. However, African-Americans were given some modicum of equality with Brown v. The Board of Education, when segregation in schools was banned. That paved the way for across-the-board standardization of discrimination laws, and Jim Crow laws were repealed. This was largely due to King’s influence in reminding people that the Declaration of Independence applied to everyone, not just—as been stated previously—white men only. Jim Crow laws oppressed African-Americans and kept them from achieving their highest potential. Since African-Americans were judged by the color of their skin, they needed extra protection from the law stating that they would be treated equally. If it had not been for the Declaration of Independence, perhaps women could not have abortions legally. In that way, that would have been bad because women were killing themselves giving themselves self-inflicted wounds trying to give themselves abortions. Black people suffered under the oppressive reign of slavery for hundreds of years, and even 100 years after slavery they were just starting to get their civil rights. If it were not for the Declaration of Independence taking a stand on these very real and important issues, African-Americans and women might not have some of the freedoms taken for granted that are possible to have today. Many people have fought and struggled over the issues of womens’ rights as well as civil rights. Women were successful in the ‘60s gaining their independence from men, while Blacks were successful in gaining their independence from an oppressive society that catered to the whims of white people. Women, for many years, were considered inferiors to women in many ways. Similarly, Blacks were considered for many years inferior to white people. However, recognition of the Declaration of Independence’s “life, liberty, and the pursuit of happiness clause” for all people, made it possible for both women and Blacks to take ownership of their own status in the world. In this manner, both of these groups struggled for survival and the Declaration of Independence made these two hot-button political issues of rights for women and Blacks legal. Thus, the rights were formally acknowledged. Black people deserved their rights. They deserved to live in a society that at least attempted to treat them fairly as free human beings who had been freed from slavery 100 years prior to 1965. From this point on, the political struggle which had been realized in these peoples’ lives was finally acknowledged. Finally, everyone who was a woman or African-American could finally have their say without having to be silenced. A woman who was facing the choice of having to possibly have an abortion could have one without fear. A Black person could finally drink from the same fountain from which a white person could drink. The Declaration of Independence brought some equality to an otherwise unlevel playing field—which was refreshing for many people. Now, even after the law changes, there is not necessarily a guarantee that that will automatically change peoples’ prejudicial attitudes or rude behaviors towards people of a certain race, sex, or sexual orientation due simply to the fact that a ruling has been made into law—no. Indeed, it is left up the people themselves to eventually do what is right in terms of giving everyone a fair chance. In some ways, the Declaration of Independence is not constrained by politics. It is simply a legal document which may influence what the outcome of some of these political dilemmas will be, and that is why it was created. IV. Conclusion The Declaration of Independence not only served as a statutory legal document, but it also paved the way for rights to be given to underprivileged groups—just as the colonists before them. How and why this document evolved served as the foundation for the USA. BIBLIOGRAPHY William J. Bennett and John T.E. Cribb, The American Patriot’s Almanac (US: Thomas Nelson Inc., 2008), 230. Donald T. Critchlow, Intended Consequences (US: Oxford University Press US, 2001), 287. Dr. Martin Luther King, Jr. and James M. Washington, A Testament of Hope: The Essential Writings and Speeches of Martin Luther King, Jr. (US: HarperCollins, 1991), 208. James A. Henretta and Davis Brody, America: A Concise History, Vol. I: To 1877 (Boston: Bedford/St. Martin’s, 2010), 174-175. James McKarns, Saints and Seasons: Reflections for the Liturgical Year (US: Alba House, 2005), 118. Read More