Declaration of Independence != Constitution
Dear Fandom-as-large,
Regardless of my agreement or disagreement with your moral and political opinions, please please understand that the Declaration of Independence is not a legal document, never was a legal document, and never will be a legal document. It's certainly not law, and not even the direct basis for United States law. An articulation of the cultural principles that at one time influenced the basis of United States law, ie the Constitution, but not law.
"All men are created equal" is not law. "Life, liberty, and the pursuit of happiness", although a lovely phrase, has fuckall to do with the Constitutional definition/notion of a right. You do not have the explicit or even implicit legal right to the pursuit of happiness; the Constitution makes no provision for the happiness or sorrow of the citizens of the United States. Such a thing is never mentioned in the Constitution. You're probably thinking of the bit about rights not directly granted by the Constitution or the States being implied and not infringable, by which somewhat wishy-washy provision along with the bits about search and seizure we in the US are more-or-less able to get away with not having an explicit right to privacy. (Alas.)
I love the Constitution, but it's a far less moral document than people have been miseducated into thinking it is.
Luv, Ack.
Regardless of my agreement or disagreement with your moral and political opinions, please please understand that the Declaration of Independence is not a legal document, never was a legal document, and never will be a legal document. It's certainly not law, and not even the direct basis for United States law. An articulation of the cultural principles that at one time influenced the basis of United States law, ie the Constitution, but not law.
"All men are created equal" is not law. "Life, liberty, and the pursuit of happiness", although a lovely phrase, has fuckall to do with the Constitutional definition/notion of a right. You do not have the explicit or even implicit legal right to the pursuit of happiness; the Constitution makes no provision for the happiness or sorrow of the citizens of the United States. Such a thing is never mentioned in the Constitution. You're probably thinking of the bit about rights not directly granted by the Constitution or the States being implied and not infringable, by which somewhat wishy-washy provision along with the bits about search and seizure we in the US are more-or-less able to get away with not having an explicit right to privacy. (Alas.)
I love the Constitution, but it's a far less moral document than people have been miseducated into thinking it is.
Luv, Ack.