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TimothySandefur's profile
Timothy Sandefur
Timothy Sandefur
Timothy Sandefur
@TimothySandefur

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Timothy Sandefur

@TimothySandefur

VP @GoldwaterInst, adjunct @CatoInstitute, contrib ed. @TheObjStd, “Tim the Lawyer” @AandGShow, but here I speak only for myself. Obviously.

Phoenix, AZ
sandefur.substack.com
Joined March 2013

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    Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

    The “Statutes at Large” are the published laws of the USA. In fact, they take precedence over the United States Code in the event of conflict. https://www.law.cornell.edu/uscode/text/1/112 … So, quick question, all you twitter con law geniuses: what appears on page 1 of volume 1 of Statutes at Large?

    6:52 PM - 14 Oct 2020
    • 10 Retweets
    • 42 Likes
    • Queerhawk 🏳️‍🌈 ʎɹɹǝſ ┴┬┴┬┴┬┴┬┴ Tāylôr Ōwĕns ΛVΛVΛVΛV Philip Girvan Daniel Woelfel noydb Chris Sandvick legalloophole Steven Ray Orr
    6 replies 10 retweets 42 likes
      1. New conversation
      2. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        Here’s the link: https://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=124 …

        3 replies 4 retweets 14 likes
        Show this thread
      3. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        As Abraham Lincoln said, when debating Stephen Douglas, “ If the Declaration is not the truth, let us get the statute book in which we find it and tear it out. Who is so bold as to do it?”

        1 reply 4 retweets 14 likes
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      4. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        But that doesn’t make it law? Okay, then what does? -That it was adopted by a legislature? Declaration was. -That it have some kind of legal consequences? Declaration did. -That it be recognized as law by citizens & other sovereigns? Check!

        2 replies 4 retweets 13 likes
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      5. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        -That it command someone to do something? But not all laws command. Some specify what powers & duties officials have, or lay out boundaries, or specify how things (wills, marriages, etc., are made). The Declaration does these things.

        1 reply 3 retweets 10 likes
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      6. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        If the law creating, say, the Federal Deposit Insurance Corporation is a “law,” then the Declaration’s a law.

        1 reply 3 retweets 9 likes
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      7. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        But it’s hortatory? Aspirational? Many laws are. That doesn’t make the Declaration not a law.

        1 reply 3 retweets 11 likes
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      8. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        Oh, but you disagree with it? Well, that certainly doesn’t mean it isn’t a law.

        1 reply 3 retweets 10 likes
        Show this thread
      9. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        But courts don’t enforce it? Doesn’t mean it’s not law. And courts do, in fact, enforce it. In the obvious example, courts recognize July 4, 1776 as the date upon which American sovereignty became separate from British sovereignty.

        1 reply 4 retweets 14 likes
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      10. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        (This is often relevant in cases involving common law, or even cases tracing the ownership of property or treaty rights.)

        1 reply 3 retweets 9 likes
        Show this thread
      11. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        What grounds are there for denying the Declaration is law? Hostility toward natural law theory is really the only reason. And that’s a pretty terrible reason, bc the Declaration’s self-evident truths are in fact true, and do indeed limit the reach of legitimate sovereignty.

        1 reply 5 retweets 18 likes
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      12. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        Ah, but it can’t be law bc its terms limit the power of majorities, and whatever the majority wants just *is* the law? (Believe it or not, this was Scalia’s view.) Well, let’s assume that that’s true. How and why is THAT the law?

        1 reply 3 retweets 8 likes
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      13. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        For precisely the same reasons that I assert the Declaration to be law: because of the truth (or falsehood) of the assertion itself, nothing more. The Declaration’s nature as law derives ultimately from the fact that its moral claims are indeed correct, and the contrary

        1 reply 3 retweets 10 likes
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      14. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        view is incorrect. You may disagree with me on that, but you cannot deny that the reasons I am advancing are the same KIND of reasons you advance for saying that the will of the majority is law. In other words, you MUST meet the Declaration on its own terms—you

        1 reply 3 retweets 8 likes
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      15. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        CANNOT evade the issue by simply pronouncing it somehow outside the boundaries of “law.”

        1 reply 3 retweets 8 likes
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      16. Timothy Sandefur‏ @TimothySandefur 14 Oct 2020

        Anyway, for more on this read my book: https://www.amazon.com/Conscience-Constitution-Declaration-Independence-Liberty/dp/1939709695 … Or the works of my mentor, Harry Jaffa, especially this one: https://www.amazon.com/Original-Intent-Framers-Constitution-Harry/dp/089526496X … and this one: https://www.amazon.com/Storm-Over-Constitution-Harry-Jaffa/dp/0739100416 …

        2 replies 2 retweets 15 likes
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      17. Timothy Sandefur‏ @TimothySandefur 15 Oct 2020

        “Okay,” you say. “So the Declaration’s law. What difference does it make?” Well, for one thing I explained here, it would have made ALL the difference in Dred Scott:https://www.heritage.org/the-constitution/event/virtual-event-slavery-and-the-constitution …

        1 reply 2 retweets 3 likes
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      18. Timothy Sandefur‏ @TimothySandefur 15 Oct 2020

        The Declaration sets the metes and bounds of legitimate lawmaking, as John Q. Adams explained here: https://books.google.com/books?id=w325tHxgmJkC&printsec=frontcover&dq=adams+jubilee+of+the+constitution&hl=en&sa=X&ved=2ahUKEwj5uZzX4bbsAhUyJzQIHUnlBYQQ6AEwAHoECAYQAg … This is why every state admitted to the union post-secession has been required to affirm its adherence to the Declaration before Congress has admitted it.

        1 reply 1 retweet 7 likes
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      19. Timothy Sandefur‏ @TimothySandefur 15 Oct 2020

        And *nothing* could be more important than a law that limits the legitimate reach of govt power.

        2 replies 1 retweet 9 likes
        Show this thread
      20. Timothy Sandefur‏ @TimothySandefur 15 Oct 2020

        The most effective use of the Declaration in a recent legal decision that I’ve seen is in the Kansas Supreme Court’s excellent decision from last year in Hopes & Nauser v. Schmidthttps://law.justia.com/cases/kansas/supreme-court/2019/114153.html …

        1 reply 1 retweet 4 likes
        Show this thread
      21. End of conversation

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