In constitutional Law, too, no less than in criminal and civil Law, the
eighteenth century tends to preface certain laws with universal moral
principles, and to establish by formal law that the former are derived
from the latter. The Declaration of Independence of the United States in
July, 1774, says: We consider the following truths self-evident: that
all men are born equal; that the Creator has bestowed upon them
inalienable rights, amongst which are the right to life, to freedom, to
the pursuit of happiness, etc. So before these rights are guaranteed by
the Law, they are announced to belong by birth and nature to man, to be
independent of any particular and express bestowal by the law-giver, and
beyond all dispute or even argument. Of the thirteen States which formed
the original Union, ten accompanied their constitution by a Bill of
Rights which repeated the essential contents of the Declaration of
Independence of July, 1774; seven of them placed them as an introduction
before their fundamental law, and three of them incorporated them in the
latter. Two others, New York and Georgia, distributed them among various
articles of their constitution. Rhode Island alone refrained from a
general declaration. The States which joined the Union later, with few
exceptions followed the example of their predecessors and built up their
constitution on the foundation of an explicit statement of the natural
rights of man. The French Revolution followed the course which the
United States had indicated, and began its constitution of 1791 with the
"Declaration of the rights of men and citizens," which is not a law in
the technical sense of the word, but is superior to all positive Law,
constitutes the latter's standard and touchstone, and straightway makes
all laws invalid which are not animated by its spirit or which
contradict it.
Public-domain text, read in full here on John Shaqi.
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