Delete comment from: Boston 1775
Yes, like a good lawyer Jefferson included the phrase “among these” to signal that the list which followed was not all-inclusive. However, by listing certain rights and not others, he was implicitly prioritizing, wasn’t he? Not excluding any rights he might later wish to claim, but putting forward some as particularly important or pertinent.
I think Allen is emphasizing that implication, and the further supposed implication that the first set before the period was more important than the rest, in her study. But since the Declaration is a statement of principles and ideals but not law, and since there don’t seem to be significant examples of people “misreading” the document based on those implications, I’m not sure how much real-world weight her argument carries.
Jul 11, 2014, 12:51:42 PM
Posted to Our Declarations

