Saturday, October 29, 2011

BBC: Is the US Declaration of Independence illegal?

So long as enough people accept a lie.. your case is made.
Besides, possession is 9/10th of the law.

N


www.bbc.co.uk

Is the US Declaration of Independence illegal?

BBC News Magazine

In Philadelphia, American and British lawyers have debated the legality of America's founding documents.

On Tuesday night, while Republican candidates in Nevada were debating such American issues as nuclear waste disposal and the immigration status of Mitt Romney's gardener, American and British lawyers in Philadelphia were taking on a far more fundamental topic.

Namely, just what did Thomas Jefferson think he was doing?

Some background: during the hot and sweltering summer of 1776, members of the second Continental Congress travelled to Philadelphia to discuss their frustration with royal rule.

By 4 July, America's founding fathers approved a simple document penned by Jefferson that enumerated their grievances and announced themselves a sovereign nation.

Called the Declaration of Independence, it was a blow for freedom, a call to war, and the founding of a new empire.

It was also totally illegitimate and illegal.

At least, that was what lawyers from the UK argued during a debate at Philadelphia's Ben Franklin Hall.

American experiment

The event, presented by the Temple American Inn of Court in conjunction with Gray's Inn, London, pitted British barristers against American lawyers to determine whether or not the American colonists had legal grounds to declare secession.

For American lawyers, the answer is simple: "The English had used their own Declaration of Rights to depose James II and these acts were deemed completely lawful and justified," they say in their summary.

To the British, however, secession isn't the legal or proper tool by which to settle internal disputes. "What if Texas decided today it wanted to secede from the Union? Lincoln made the case against secession and he was right," they argue in their brief.

A vote at the end of the debate reaffirmed the legality of Jefferson and company's insurrection, and the American experiment survived to see another day.

It was an unsurprising result, considering the venue - just a few blocks away from where the Declaration was drafted. But did they get it right? Below are some more of the arguments from both sides.

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