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In Philadelphia, American and British lawyers have debated the legality of America's founding documents.
On Tuesday night, while Republican candidates in Nevada were debating such American issues as nuclear waste disposal and the immigration status of Mitt Romney's gardener, American and British lawyers in Philadelphia were taking on a far more fundamental topic.
In Philadelphia, American and British lawyers have debated the legality of America's founding documents.
On Tuesday night, while Republican candidates in Nevada were debating such American issues as nuclear waste disposal and the immigration status of Mitt Romney's gardener, American and British lawyers in Philadelphia were taking on a far more fundamental topic.
Some argue that what the Soutern states did in 1861 was no different than what the colonies did in 1776. King George fought against the Colonies just as Lincoln did against the South. The only difference is, Lincoln won his fight and George did not. Thus to the victors go the spoils.
Jefferson's arguments were founded upon accepting the idea that there existed "natural laws." Among the precepts of those laws were the concept that government springs from the consent of the governed, and that people may withdraw their consent and revolt if the government ceases to serve them as they wish.
So, if you embrace the idea that the universe contains social/political laws as well as physical laws and properties, then the American revolution was legal.
If you embrace the idea that Jefferson just listed his ideas for how things should be and called it "natural law", then the American Revolution had no legal basis.
In general, the idea of a legal rebellion is a non starter. No nation includes in its laws any sort of permission for the people to ignore them and engage in anti govermental activity. There was nothing in any of the Royal Colonial Charters about when it was okay to replace crown supremacy with local rule.
Others have already made the correct point....legality in such affairs is ultimately determined by the outcome. If you win your revolution, you are free to style it as perfectly legal. If you lose, then you wind up dead or incarcerated and you aren't going to be radiating a great deal of legality.
American Revolution? Perfectly legal. Whiskey Rebellion? Damn treason. Texas revolts against Mexico? Legal. Texas revolts against the US government? Treachery.
Of course it was illegal but English law was pretty unenforceable. Ironically, a number of loyalists were tried by local authorities for their refusal to support the revolution.
Grandstander's summing up was accurate, I think. Technically, our revolution was illegal under the laws of governance which were in force at the time. However, as a practical matter a rule of relative tyranny (taxation without representation sums it up nicely) was replaced with a rule of relatively benign characteristics. And as another practical (as opposed to legal) matter, long-distance, i.e., trans-Atlantic, rule must have seemed impossibly remote to the colonists of that era. I am citing factors which make the revolution more understandable and defensible, but as Grandstander pointed out, it all depends on the point of view (on whose ox is being gored) anyway.
This discussion reminds me of the legal issues surrounding the creation of ex post facto law by the Allies at Nuremberg. Pretty understandable under the circumstances but of questionable "legality". Victor's justice can be relatively just or relatively unjust, but in the end might makes right.
Of course it was illegal but English law was pretty unenforceable. Ironically, a number of loyalists were tried by local authorities for their refusal to support the revolution.
Yes, and it makes me smile when I see in quotes that they were "traitors."
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