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Declaration of Independence - Is it Law?

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slanglep

Junior Member
What is the name of your state?FL

I do not consider the Declaration of Independence to be an actual law but I did come across this article after some searching.

And in Adarand Constructors v. Peña, the 1995 government contracting case that called the constitutionality of affirmative action into serious question, Thomas invoked the Declaration of Independence as the rule of decision. He wrote, "There can be no doubt that the paternalism that appears to lie at the heart of this [affirmative action] program is at war with the principle of inherent equality that underlies and infuses our Constitution. See Declaration of Independence ('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.')."

A member of the Supreme Court invoked the Declaration of Independence as the rule of decision.

Opinions?
 


JETX

Senior Member
slanglep said:
Opinions?
Sorry, this is a legal ADVICE site... and not a legal debate site.
Also, we do NOT do homework..... as this sounds like a good school assignment.
 

slanglep

Junior Member
This is not a school assignment. It is a legitmate question if parts of the Declaration of Independence can be used in a court of law for filing a case against someone.
 
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