Hello and thanks for choosing Just Answer®:

I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal question.

My goal is to make your experience here highly satisfactory. Toward that end, please keep a few details in mind during our interaction:

1. I am a lousy mind reader. If you do not supply information to me, I do not know it. Please, give me the needed details to work with so I can provide you with the best possible service. Also, if you use the RELIST or BLOCK features, our discussion ends and I may no longer be able to assist. Please, just write back to me, directly, and talk to me.

2. Also, while I make every effort to work in a timely fashion, answering legal questions is not an instantaneous process. I am required to conduct research, interact with multiple customers simultaneously and sometimes take a break. Also, there may be times when I have to sign off for the night or to attend to other obligations. Rest assured, however, I will get back to you.

3. If you have a new legal question, the terms of this site ask that you post it in a separate thread. In other words, please be fair and reasonable. You can direct any future questions to my attention. Just go to my Profile Page, type in the text box "ask Your Question", click the hyperlink that says "15 minutes", and use the drop down menu to select 12 hours.

4. Please remember that many times even attorneys disagree with the law. But, we cannot change it. The answer I give you is based on my years of legal education and professional practice. It may well not be what you were hoping to hear. I will be upfront and direct. I will not mislead you, misstate the law to suit your hopes, or agree just to meet your expectations.

5. If you answer an Information Request and I start working on formulating your answer, it does take some time to draft a quality response. In the meantime, you may receive a message indicating that I am "offline" or "unavailable". This is not the case. These messages are generated automatically without my knowledge or input.

6. Lastly, please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated. Information provided is informational and not legal advice. I am not your attorney. No attorney-client relationship exists between us. Consult legal counsel in your jurisdiction.

QUESTION: " What allows this legal status to be enforced? Ratification by a body of people, but what gave them the right?"

ANSWER: Thanks for posing an excellent thought provoking question! At its foundational core, the answer lies in a concept called "natural rights". Although it is true that we are governed not by a Sovereign but rather by a document, even the Constitution has origins, as you mentioned. It works like this. Creator (God) -- gives such rights to all persons -- Founders expressed that notion in the Declaration of Independence -- further defined and enumerated those rights in the Constitution. Natural law means, in this sense, "self-evident" (to quote the Drafters), so there is no all powerful governing document to which one can point. Rather, in all candor, it does go back to God: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." (United States Declaration of Independence)

I truly hope all works out for you. I know this is a lot to take in, so please do not hesitate to write back. After you select "Accept", our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.

Take care and thanks again for choosing JustAnswer®!

Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.

Hello again,

Thanks for writing back -- good to hear from you.

You are quite welcome-- my pleasure to be of service.

I will be glad to comment further -- please see below.

Kindly just let me know if you are having any problem with submitting your acceptance of my answer. I would be glad to help out if so or ask our support team for assistance if needed.

QUESTION: "Is the Declaration of Independence considered the mother of all our legal documents?"

ANSWER: Yes. Certainly, we can look back to the Magna Carta Libertatum and so forth, but in terms of our nation, I would absolutely say that, as you have very aptly phrased it, this document is indeed the mother.

Take care and thanks again for choosing JustAnswer®!

Hello again,

I have been glad to answer your previous series of questions on the honor system (I receive no wages or salary) and am glad to continue our dialog.

QUESTION: "One last question, would it hold standing in a civil rights claim?"

ANSWER: No. Meaning, the Declaration of Independence and the Preamble to the Constitution, while full of magnificent language and guiding principles, are not used for such purposes in the same manner as the body of the Constitution and the statutes. However, here is what does provide for such a cause of action: 42 United States Code § 1983.

Take care and thanks again for choosing JustAnswer®!

Hello again,

Thanks for writing back -- good to hear from you.

You are quite welcome-- my pleasure to be of service.

I will be glad to comment further -- please see below.

Many thanks for your generous mention of a bonus -- greatly appreciated, I assure you!

QUESTION: "Why is the Declaration of Independence and the Preamble to the Constitution not used for such purposes in the same manner as the body of the Constitution and the statutes?"

ANSWER: In each case, it has to do with two considerations, mainly, meaning specificity and objective. In other words, while the language of each is magnificent, it makes no claim to be a governing document and is not, in reality, such. The Declaration announced our rebellion against England, or more specifically against the King, based on a litany of grievances against him. It did not codify anything or set up a new system, however, Likewise, while the Preamble is beautiful and can even bring a tear to the eye, it does not establish anything specific unlike the rather exacting Articles of the actual Constitution.

QUESTION: "Are you saying there is no line of succession of law in this country and we can pick and chose from documents?"

ANSWER: No, not quite, although I realize your point and it is well taken. You cannot pick and choose, so to speak, and neither can I do so. But, there are nine folks who can do so, namely the Supreme Court of the United States. The importance of the case establishing that the Court gets the final say cannot be overstated: Marbury v. Madison, 5 U.S. 137. This body has indeed made such a distinction when it comes to both of the documents at hand. There is no higher authority in our nation, period. Once the Court speaks, the matter is closed.

Take care and thanks again for choosing JustAnswer®!

Hi again,

I am sorry to say I am not succeeding at access my case law research database tool this evening. For the moment, the best I can do (realizing this is obviously not a primary source), is to share: "The Declaration of Independence doesn't possess the force of law. To note an example, the phrase, "all men are created equal" is a powerful statement, but in the United States it cannot be cited as legal precedence. Judges can't cite this phrase by itself to support a ruling. Politicians can't pass laws by employing a legal argument supported solely by this passage." Go Gonzo Journal

Take care and thanks again for choosing JustAnswer®!