Montpelier 5/22/2012
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  1. In the grand scheme of things while the Declaration of Independence is a nice document with some really great flowery phrases … there is only one legal binding document from those heady days: the United States constitution.

    The biggest problem with the ‘Declaration’ being that it really wasn’t meant as written – read about the slaves, the folks who lived in these lands before the European invasion, the women and the children. Unlike the ‘Declaration’, the constitution forced a certain level of honesty of intent and thinking:

    Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. (Article 1, Section 2)

    The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. (Article 1, Section 9)

    No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, But shall be delivered up on Claim of the Party to whom such Service or Labour may be due. (Article 4, Section 2)

    In other words our constitution as originally written was fully intended to maintain the mastery of property and wealth by the white, landed gentry of the day.

    Time is by definition evolutionary. It marches on changing everything in its path, and that includes the legal/social framework we were born into, grew up in and now live in. In this frame it makes much more sense to talk about the constitutional amendments that have sought to sometimes alter and other times clarify the meaning in our basic legal framework.

    I find nothing beyond a ‘huh, there’s a thought’ meaning in discussion of the Declaration of Independence.

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