Remaking America by George Shollenberger, Idea XXXXXXXXXV (A Nation Under God, XXI)
Senator Rockefeller’s response dealt with my charge that the Supreme Court is misinterpreting the Declaration of Independence. However, the Senator did not believe that the Supreme court misinterpreted the Declaration of Independence. Instead, the Senator said. ‘While the Declaration of Independence is not considered as law in the same sense that the Constitution is considered law, throughout our nation’s history, it has been looked upon by the Supreme Court in order to frame a historical context of legal and constitutional issues.’
The words of the Senator are hogwash. In my blog dated 2/8/09, I show that the Declaration of Independence authorizes Society whereas the Constitution authorizes Government. These authorities form two different and unified laws. These two laws have their origin in the social contract theory of John Locke. Philosophically, the Society is permanent. It is ‘the people’ or ‘Union.’ Since Society is permanent, it is sovereign. Society is unified with Government, which is changing by laws. It self-governs Society.
Congress must question Judge Sotomayor about the above two authorities. If she agrees with Senator Rockefeller, she should be denied the new position in the Supreme Court. Further, any Supreme Court member should be impeached if he or she agrees with Senator Rockefeller.
Clearly, the reasons why ‘the people’ of the USA are dividing will be found mostly in poor thought in the U.S. government.
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