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I have often been told by people that the Declaration of Independence is not law, except for use as a point to determine when we legally separated from England, but i've never received a satisfactory explanation as to how it is not, and was hoping someone here could explain why.
My belief that the DoI may be law rests in the fact in its inclusion in the US Code (http://uscode.house.gov/browse/front...edition=prelim) under Organic Law. This belief is furthered by 1 USC 204(a) states
My reading of that gives the impression that any text included in the USC is prima facie law.
The only explanation i've received stating that the DoI is not law would be Cotting v. Godard from 1901. But because the USC wasn't completed until 1926, Cotting v. Godard isnt necessarily applicable anymore if 1 USC 204(a) did make the DoI law simply by inclusion in the USC.
My belief that the DoI may be law rests in the fact in its inclusion in the US Code (http://uscode.house.gov/browse/front...edition=prelim) under Organic Law. This belief is furthered by 1 USC 204(a) states
My reading of that gives the impression that any text included in the USC is prima facie law.
The only explanation i've received stating that the DoI is not law would be Cotting v. Godard from 1901. But because the USC wasn't completed until 1926, Cotting v. Godard isnt necessarily applicable anymore if 1 USC 204(a) did make the DoI law simply by inclusion in the USC.
