Tuesday, June 28, 2005

Powerline drops the ball?

Scott Mirengoff of the normally stalwart Powerline puts forth an unusual though appealing proposition:

[D]oes the Declaration [of Independence] have any legal status . . . ?Of course it does, although virtually no one seems to know it. In 1878 Congress enacted a revised version of the United States Code that included a new first section entitled "The Organic Laws of the United States." . . . The Code is Congress's official compilation of federal law; the organic laws of the United States are the country's foundational laws.

The obvious flaw that struck me was that Congress has no more authority to do this than it does to amend the Constitution. But, they could of course make their own intrepretation, and they could adopt this as "law" to whatever extent that has significance. And as an intellectual matter it's nice to think that Congress might be so organized, tidy and principled.

But a few minutes looking at the U.S. Code online reveals no such provision. Is there a cite? I could easily have missed it, since I'm no great shakes on research. But the more I look at it, the more I wonder if this isn't simply some text out of some introduction somewhere. If so, that's a pretty weak argument. Reminds me of NPR and Marci Hamilton (who made another NPR appearance today on the Ten Commandments cases).

LAGuy asks: Does this mean we still hate England?

1 Comments:

Anonymous Anonymous said...

I think what the Congress meant back then is the Declaration Of Independence comes first because it's the document that legally creates our nation. However, if you want to find our laws, go to the Constitution.

3:43 PM, June 28, 2005  

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