Is the US Declaration of Independence illegal?

Locutus

Adorable Deplorable
Jun 18, 2007
32,230
47
48
67
Meanwhile, last week in another debate:



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.





more...


BBC News - Is the US Declaration of Independence illegal?
 

Goober

Hall of Fame Member
Jan 23, 2009
24,691
116
63
Moving
Notice that I'm not saying it was wrong, simply that, if you judge by the laws of the land at the time, it was illegal. Which is pretty much a meaningless concept anyway when you're talking about revolution.

Well the States won the first one - Makes it legal -
Lincoln won the other - makes it the law.
 

WLDB

Senate Member
Jun 24, 2011
6,182
0
36
Ottawa
It would have been a rather dull revolution had they done it legally. It would've been....well just like us getting our independence or Australia or New Zealand.
 

Highball

Council Member
Jan 28, 2010
1,170
1
38
Which Court in the US would overturn our Declaration of Independence> According to English law it was illegal. According to US law it was proven to be legal at least three times in the highest Court in the land.