THE DECLARATORY ACT
MARCH 18, 1766 1
AN ACT FOR THE BETTER SECURING THE DEPENDENCY OF HIS MAJESTY'S DOMINIONS IN AMERICA UPON THE CROWN AND PARLIAMENT OF GREAT BRITAIN
Whereas several of the houses of representatives in His Majesty's colonies and plantations in America have of late, against law, claimed to themselves, or to the general assemblies of the same, the sole and exclusive right of imposing duties and taxes upon His Majesty's subjects in the said colonies and plantations; and have, in pursuance of such claim, passed certain votes, resolutions, and orders derogatory to the legislative authority of Parliament, and inconsistent with the dependency of the said colonies and plantations upon the crown of Great Britain: may it therefore please Your Most Excellent Majesty that it may be declared, and be it declared by the king's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That the said colonies and plantations in America have been, are, and of right ought to be, subordinate unto, and dependent upon the imperial crown and Parliament of Great Britain; and that the king's Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, of Great Britain, in Parliament assembled, had, hath, and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the crown of Great Britain, in all cases whatsoever.
II. And be it further declared and enacted by the authority aforesaid, That all resolutions, votes, orders, and proceedings, in any of the said colonies or plantations, whereby the power and authority of the Parliament of Great Britain to make laws and statutes as aforesaid is denied, or drawn into question, are, and are hereby declared to be, utterly null and void to all intents and purposes whatsoever.
1. 6 George III, c. 12, The Statutes at Large, ed. Danby Pickering (London, 1767), XXVII, 19-20.
"The Declaratory Act was what drew the final 'line in the sand.' The Fundamental belief that drove the American people toward independence was a conviction that it was a violation of basic human dignity for anyone other than the people or their own elected legislative representatives to decide the rules that everyone must obey."[1]
I hope you found this as interesting as I did. I love learning new things about history and this book "Constitutional Law" has been fascinating!!! Although I only just started it, I would recommend it to anyone who has an interest in government or history.
Footnotes:
1. Constitutional Law for the Enlightened Citizen by Michael P. Farris Esq. pg.7
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