法律英语：101 The Declaration of Independence

by Michael W. Flynn
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.

Happy 4th of July, Loyal Listeners. Today I pause from my Supreme³ Court roundup to address an anonymous⁴ listener’s question posted over 6 months ago:

How exactly does the Declaration of Independence work? Is it considered part of the Constitution? Has it been used in cases? What does it do?

The very short answer is that the Declaration of Independence, while a momentous⁵ document that defined this country, has little, if any, binding⁶ legal effect.

The document that we now know as the Declaration of Independence was simply a document entitled “The unanimous Declaration of the thirteen United States of America,” and states in part:

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel⁷ them to the separation.

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. — That to secure these rights, Governments are instituted among Men, deriving⁸ their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence⁹, indeed, will dictate¹⁰ that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

The document then goes on to list some 30 grievances¹¹ against the King, and conclude “That these united Colonies are, and of Right ought to be Free and Independent States.” Powerful stuff, but nothing particularly unique. Most of the general notions of man’s freedom to govern himself and to eek out a free existence can be drawn¹² from Lockean philosophy.

But, an early question arose in constitutional law as to whether this Declaration was part of the Constitution itself, an ancillary¹³ document that should be used to shed light on the meaning of the Constitution, or just a nice set of words that operated as a large middle finger to George III.

The Supreme Court has generally held that the Declaration does not have the force of law, and no words in the Declaration can give rise to legal rights independently. One major justification¹⁴ for this view is that the Declaration’s purpose was to separate the United States from Britain, not to prescribe legal rights for the people living in the colonies.

However, the Declaration has been used in aiding the Court to interpret other laws. For example, in early constitutional law, the Court held that the Constitution was the supreme law of the land as the highest expression of intent of the people. The Court relied on the Declaration’s language about the rights of the “people,” as compared with the rights of the states. Another example, in an 1830 case, the Court, interpreting a wills and estates question of New York law, held that a child born in New York before July 4, 1776, and whose parents moved him to Britain, was not a citizen of the United States. That is, the Court determined¹⁵ that July 4, 1776 was the date on which the sovereignty of Great Britain ceased.

Beyond these examples, and a handful of others, courts are generally hesitant to apply the Declaration as substantive¹⁶ law. This is true of both those justices considered conservative and liberal, such as current Justices Scalia and Breyer.

However, the general principles have been utilized¹⁷ by several political movements to support their positions.

In 1848, Elizabeth Cady Stanton penned the “Declaration of Sentiments,” declaring all men and women equal, and listed grievances against man in the same way the Declaration of Independence listed grievances against George III.

Abraham Lincoln cited the Declaration to support his argument that slavery was not legal, in part on the language that “all men” were granted certain inalienable rights. Proponents¹⁸ of the Confederacy cited the Declaration to legitimize their secession from the Union, urging that they were simply following the example of the Revolutionaries, and parting ways with a government that had grown despotic and uncivilized.

However, after the Civil War, the 14th Amendment¹⁹ to the Constitution was enacted²⁰, which expressly provides for equal protection under the law. Scholars and jurists no longer needed to cite to a pre-Constitution document for notions of equality because the Constitution itself then provided support.

Even so, the Declaration’s principles continued to resonate. The leaders of the American Civil Rights movement also cited to the Declaration for its broad notions of freedom and equality. Modern movements against abortion²¹ claim that even an unborn fetus²² has an inalienable right to life, as expressed in the Declaration. Some point to the Declaration’s recognition of God as support for the position that America is a Christian²³ nation.

Overall, the Declaration, while not a binding legal document, still serves as a cornerstone of our Republic’s dedication²⁴ to the high ideal of true freedom. And today, grill²⁵ something, have a cold one, light some firecrackers, and enjoy today as the birthday of this truly great nation.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful²⁶ Life. Be sure to take the short listener survey by clicking on the green 5 to the right of the transcript²⁷.

You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

4 anonymous   

adj.无名的；匿名的；无特色的

参考例句：

• Sending anonymous letters is a cowardly act.寄匿名信是懦夫的行为。
• The author wishes to remain anonymous.作者希望姓名不公开。

5 momentous   

adj.重要的，重大的

参考例句：

• I am deeply honoured to be invited to this momentous occasion.能应邀出席如此重要的场合，我深感荣幸。
• The momentous news was that war had begun.重大的新闻是战争已经开始。

6 binding   

有约束力的，有效的，应遵守的

参考例句：

• The contract was not signed and has no binding force. 合同没有签署因而没有约束力。
• Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。

7 impel   

v.推动；激励，迫使

参考例句：

• Financial pressures impel the firm to cut back on spending.财政压力迫使公司减少开支。
• The progress in science and technical will powerfully impel the education's development.科学和技术的进步将有力地推动教育的发展。

8 deriving   

v.得到( derive的现在分词 )；（从…中）得到获得；源于；（从…中）提取

参考例句：

• I anticipate deriving much instruction from the lecture. 我期望从这演讲中获得很多教益。 来自《简明英汉词典》
• He anticipated his deriving much instruction from the lecture. 他期望从这次演讲中得到很多教益。 来自辞典例句

9 prudence   

n.谨慎，精明，节俭

参考例句：

• A lack of prudence may lead to financial problems.不够谨慎可能会导致财政上出现问题。
• The happy impute all their success to prudence or merit.幸运者都把他们的成功归因于谨慎或功德。

10 dictate   

v.口授；(使)听写；指令，指示，命令

参考例句：

• It took him a long time to dictate this letter.口述这封信花了他很长时间。
• What right have you to dictate to others?你有什么资格向别人发号施令？

11 grievances   

n.委屈( grievance的名词复数 )；苦衷；不满；牢骚

参考例句：

• The trade union leader spoke about the grievances of the workers. 工会领袖述说工人们的苦情。 来自《现代英汉综合大词典》
• He gave air to his grievances. 他申诉了他的冤情。 来自《简明英汉词典》

12 drawn   

v.拖，拉，拔出；adj.憔悴的，紧张的

参考例句：

• All the characters in the story are drawn from life.故事中的所有人物都取材于生活。
• Her gaze was drawn irresistibly to the scene outside.她的目光禁不住被外面的风景所吸引。

13 ancillary   

adj.附属的，从属的

参考例句：

• The transport corps is ancillary to the infantry.运输队是步兵的辅助部队。
• This is just an ancillary business.这仅仅是一项辅助业务。

14 justification   

n.正当的理由；辩解的理由

参考例句：

• There's no justification for dividing the company into smaller units. 没有理由把公司划分成小单位。
• In the young there is a justification for this feeling. 在年轻人中有这种感觉是有理由的。

15 determined   

adj.坚定的；有决心的

参考例句：

• I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
• He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

16 substantive   

adj.表示实在的；本质的、实质性的；独立的；n.实词，实名词；独立存在的实体

参考例句：

• They plan to meet again in Rome very soon to begin substantive negotiations.他们计划不久在罗马再次会晤以开始实质性的谈判。
• A president needs substantive advice,but he also requires emotional succor. 一个总统需要实质性的建议，但也需要感情上的支持。

17 utilized   

v.利用，使用( utilize的过去式和过去分词 )

参考例句：

• In the19th century waterpower was widely utilized to generate electricity. 在19世纪人们大规模使用水力来发电。 来自《简明英汉词典》
• The empty building can be utilized for city storage. 可以利用那栋空建筑物作城市的仓库。 来自《简明英汉词典》

18 proponents   

n.（某事业、理论等的）支持者，拥护者( proponent的名词复数 )

参考例句：

• Reviewing courts were among the most active proponents of hybrid rulemaking procedures. 复审法院是最积极的混合型规则制定程序的建议者。 来自英汉非文学 - 行政法
• Proponents of such opinions were arrested as 'traitors. ' 提倡这种主张的人马上作为“卖国贼”逮捕起来。 来自辞典例句

19 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

20 enacted   

制定（法律），通过（法案）( enact的过去式和过去分词 )

参考例句：

• legislation enacted by parliament 由议会通过的法律
• Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹

21 abortion   

n.流产，堕胎

参考例句：

• She had an abortion at the women's health clinic.她在妇女保健医院做了流产手术。
• A number of considerations have led her to have a wilful abortion.多种考虑使她执意堕胎。

22 fetus   

n.胎，胎儿

参考例句：

• In the fetus,blood cells are formed in different sites at different ages.胎儿的血细胞在不同时期生成在不同的部位。
• No one knows why a fetus is not automatically rejected by the mother's immune system. 没有人知道为什么母亲的免疫系统不会自动排斥胎儿。

23 Christian   

adj.基督教徒的；n.基督教徒

参考例句：

• They always addressed each other by their Christian name.他们总是以教名互相称呼。
• His mother is a sincere Christian.他母亲是个虔诚的基督教徒。

24 dedication   

n.奉献，献身，致力，题献，献辞

参考例句：

• We admire her courage,compassion and dedication.我们钦佩她的勇气、爱心和奉献精神。
• Her dedication to her work was admirable.她对工作的奉献精神可钦可佩。

25 grill   

n.烤架，铁格子，烤肉；v.烧，烤，严加盘问

参考例句：

• Put it under the grill for a minute to brown the top.放在烤架下烤一分钟把上面烤成金黄色。
• I'll grill you some mutton.我来给你烤一些羊肉吃。

26 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

27 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。