ANSWERS: 2
  • Great question, and i do not think it would
  • The answer to your question as worded is no. However, the answer to what I suspect your actual question is, is yes. The Declaration of Independence is not law, and therefore would never be held as the force of law. However, the Declaration of Independence holds much sway and has been cited numerous times by the courts. This is because the job of a court is to determine legislative intent. When a court is interpreting the Constitution, it often needs to look to other sources to determine what the founding fathers actually intended. This is becasue, if you have not noticed, much of the Constitution is vague. As a result, courts often look to the Declaration of Independence, the federalist papers, and other documents that shed light on the intent on the founding fathers. Of course, none of these documents have the force of law. However, they do assist in determining what was meant in documents that do create law.

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