Answer

Natural Laws and Declaration of Independence

The Declaration of Independence is often based on Natural Law, while the constitution is a conventional law, a man-made law (Jefferson, 2019). To comprehend the difference, conventional laws are designed and implemented by men and can therefore be destroyed. Natural Laws derive itself from nature, a force beyond man’s control, hence it is unchangeable. Observing the case study, Marshal based the doctrine of judicial review upon the belief that Americans had by an act of original will exercised their original right to adopt the Constitution as paramount positive law (Tuomala, 2015). The Declaration of Independence recognizes the source of the individual’s right to develop an independent and sovereign nation-state and framework for managing themselves. This right is derived from the laws of nature, of which God is considered as the Author. These laws not only offer the original right to establish civil government, but they also grant certain inalienable rights such as the right of liberty, life and seek happiness.

            The first order of the government is to secure the above rights. The two other fundamentals given less prominence in Marbury are the general principles of law and the nature of the political and judicial authority (Tuomala, 2015). It serves as the article of inclusion of the USA. Furthermore, it serves as a bill of complaint in a lawsuit prosecuted by war, and it incorporates a philosophy of law in which God, the Author of rights and law, is acknowledged as Lawprovider, Judge, Creator, and the Divine Providence (Jefferson, 2019). It should not be a surprise that different judges, lawyers, and law professors long to divorce the Constitution and Chief Justice Marshall’s opinion in Marbury v. Madison from the Declaration of Independence, for it is the legal document of individuals whose legal profession believes in the triumph of right and not evil. 

Research indicates that the founding fathers did not create the Constitution to grant rights. Instead, they developed a government of laws and not a government of men, to protect every individual’s rights. In America, the nation’s founders recognized that rights, although endowed by God as unalienable prerogatives, would not be sustained in the community unless they are protected under a set of law which has itself in harmony with a higher law (Tuomala, 2015). The founding fathers recognized this as “natural law” or Nature’s law.” This law is considered as the ultimate source and established restrictions for all man’s laws and is aimed to protect every natural right of all human beings. According to the case study, man has been subjected by God, the Creator, to the moral law, of which his conscience or feelings are furnished by him (Tuomala, 2015). The moral obligations which exist between people and people in a state of nature, accompany them into a state of society.

As most research often misses the significance of the relationship of the Constitution to the Declaration of Independence as organic law, it is not surprising that they miss the association of Marbury to the Declaration as well (Jefferson, 2019). This is quite remarkable considering the fact the Declaration not only serves as the articles of incorporation of the United States of America but also articulates the jurisprudence upon which Marshall based the doctrine of judicial review. The Declaration of Independence explains the origin and relationship of the right and will of the people to declare their existence as an independent nation-state and to develop a form of government they believe is best designed to secure their God-given rights (Tuomala, 2015). Conclusively, the main reason for which Marbury is researched is that it is unequivocally developed the law that courts have the authority to review the constitutionality of specific executive and legislative acts.

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