USA severed their Inalienable Natural Rights
All of the hard lessons learned in America were avoided by Australia’s Founding Fathers in the drafting of our Australian Constitution.
Australia’s Founding Fathers laboured over every word, every clause for a period of ten years.
The Debates and arguments raged over those ten years, all Founding Fathers sought to secure the very best Constitution the World had ever known.
They eventually did.
Our Australian Founding Fathers during the Constitution Debates, knew that the American Declaration of Independence had severed the ties between the American Colonialists and their common law heritage which flowed to them through their ties to the United Kingdom and the common law and all that went with it.
Most vital of all was the jurisprudence.
The Americans entirely severed their historical roots.
That is what Republics do.
This also severed their historical inheritance and their connection with their Inalienable Natural Rights which flowed through the Jurisprudence.
There was intense pressure on Thomas Jefferson to Draft the Declaration of Independence. He could not devote long to its drafting, and combined it with other pressing issues. He was able to draft it in only seventeen (17) days.
Thomas Jefferson was a brilliant scholar of Constitutional Law.
He understood that there was a need to try and retain the Inalienable Natural Rights.
However, he had to break a “golden rule” of Constitutional Drafting to try to retain those Inalienable Natural Rights. He had no other choice, there was no constitution and there could be no jurisprudence implied into a non-existent constitution.
His brilliant drafting of the Declaration of Independence attempted to leave no room for ambiguity. It was not enough.
The “golden rule” had been broken.
Jefferson attempted to expressly draft the Natural Law Jurisprudence into the Declaration of Independence, rather than imply it.
America no longer had any Constitution. This also meant there was no foundational jurisprudence to be implied.
Severing ties with the UK Constitution wiped out the underpinning jurisprudence.
The Inalienable Natural Rights that every American inherited, were gone.
The American Declaration of Independence
At the Declaration of Independence the Americans no longer had any connection with the Constitution of the UK at all, it had been severed.
The jurisprudence was gone. The Natural Law Jurisprudence which implied the Inalienable Natural Rights of every American were gone.
There was no longer any jurisprudence because there was no constitution at all to imply it into!
This broke a “golden rule” of implied jurisprudence.
A Constitutional legal “loophole” had been created.
This was despite Jefferson taking every possible precaution and care.
To understand why this is the case, it is VITAL to understand the nature of Natural Law Jurisprudence (applied) , or Natural Law Theory (pure theory before it is applied) to a Constitution.
This will be subject of the next post because it requires some explanation.
Stay with me, because it is THE most vital key concept to understand about all Constitutions.
It is THE most essential knowledge to understand in the context of our Australian Constitution.
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