Is the US Declaration of Independence illegal?

[Gerald]

Was the Declaration of Independence legal? 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 like 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. Namely, just what did Thomas Jefferson think he was doing? Some background: during the hot and sweltering summer of 1776, members of the second Continental Congress travelled to Philadelphia to discuss their frustration with royal rule.By 4 July, America's founding fathers approved a simple document penned by Jefferson that enumerated their grievances and announced themselves a sovereign nation. Called the Declaration of Independence, it was a blow for freedom, a call to war, and the founding of a new empire. It was also totally illegitimate and illegal.At least, that was what lawyers from the UK argued during a debate at Philadelphia's Ben Franklin Hall on Tuesday night.

http://www.bbc.co.uk/news/magazine-15345511

Note: 19 October 2011 Last updated at 17:14 GMT

[Betonov]

US won the war so it makes it de facto legal

[Osmium Steele]

Of course it was!

Was there any provision in British law by which a colony could legally separate itself from the Commonwealth in 1776?

[soopaman2]

Bring it on.

Nothing like a good streetfight between pals.

[mookiemookie]

Well yeah, it was illegal. That was kind of the point of armed rebellion.

[Osmium Steele]

Yeah, this.

[Rockstar]

Lawyers, oh brother. Who gives a rats crap what they think. King George III didn't seem to when he agreed by signing a treaty to give the colonies their independence.

If anyone today disagrees with it then go ahead and break the treaty and try to take it back. Wouldn't be the first time something like that has happened in this world.

Go for it, I double dog dare ya.

[Sailor Steve]

Kind of silly, actually.

To the British, however, secession isn't the legal or proper tool by which to settle internal disputes. "What if Texas decided today it wanted to secede from the Union? Lincoln made the case against secession and he was right," they argue in their brief.

Lincoln's "case" was to win that war. If the South had won Britain, France and the rest would have recognized them and their secession would have thus been legal.

The Declaration of Independence was not only illegal, but actually treasonable.

Under British law it certainly was illegal and treasonable, which is why Franklin made his famous statement: "Gentlemen, we must all hang together, or most certainly we will all hang separately." We were already at war, and had been for over a year. The Colonial Governor of Massachussetts started it by trying to exercise gun control. The Declaration was an explanation of why we were already fighting, not an excuse to start it.

[Betonov]

Originally Posted by Rockstar

King George III didn't seem to when he agreed by signing a treaty to give the colonies their independence.

Wait, isn't an official document signed by a sovereign of ''the parent'' state the definite proof that the declaration was legal
Or are they just BSing if it weas legal the time it was written

[vienna]

Way back in my grade school, a nun asked the class, "When is a revolution legal?" None of us ventured an answer. She then said "It is legal if you win." I believed that answer then and I do now. History is written by the victors; we won, we were right, and, our revolution was legal...

[TLAM Strike]

Ok it's illegal!

God save the Queen!

Congratulations your Majesty you just inherited £9.4 billion in debt!

[TLAM Strike]

Originally Posted by Betonov

Wait, isn't an official document signed by a sovereign of ''the parent'' state the definite proof that the declaration was legal

http://en.wikipedia.org/wiki/Treaty_of_Paris_%281783%29

Article 1: Acknowledging the Thirteen Colonies to be free, sovereign and independent States, and that the British Crown and all heirs and successors relinquish claims to the Government, propriety, and territorial rights of the same, and every part thereof;

[Betonov]

but that makes me wonder, Yugoslavia never signed a ''1991 version of Paris treaty'' thus relinquishing sovereign territory to independent Slovenia. Only a cease fire was declared and soon afterwards the parent state was no more, no treaty was ever made Oh my god, we are a nation of squaters

[Sailor Steve]

If the parent state no longer exists, who's going to complain?

[vienna]

Ok it's illegal!

God save the Queen!

Congratulations your Majesty you just inherited £9.4 billion in debt!