Tag: United States Constitution

Declaration of Independence

Jefferson was of the view that the Declaration was written to place before the mankind the general sense of the matter in clear terms to gratify for their approval. The Declaration of Independence was in fact a humble petition for independence from the English colonial control, submitted to the English King, George III.

A government was brought out in the prospect of declaration that supported a rule with the approval of the subjects. The vital objective of the government was elaborated as the one sole government capable and committed to protect the rights and interests of a common man.

The draft presented is of great importance as it quoted the examples of colonial rule of the Great Britain where the basic rights of the colonies were violated. Making these references the base, the draft demanded a full fledge independence from its colonial rule.

The Declaration has the following two vital features:

• From now onwards, the British Colonies in America need to be considered as an independent nationalities in the world.
• The second part of the Declaration is to make it known to the King that the colonies have resorted to independence after have endured a long time against the colonial rule.

It is not wrong to say that the Declaration of Independence laid bases of the United States constitution.

The draft was also considered as the forerunner document predicting the need of the territory free from the British rule. The document was also a solid platform for the colonies that were to form a union later before appearing into the United States.

Factors that led to the Drafting of the Declaration:

• The major reason behind the draft of declaration of independence was the serious desire of states to get them free from the foreign domination.

• Another factor behind this draft of independence was a range of colonial reservations against the English monarch George III.

• The document claimed that the people of United States have their “natural rights” being violated, providing them enough grounds to raise voice for their rightful claim for independence or otherwise “Revolt.”

• Another major factor was the raising dissatisfaction of the local masses against the British rule. They all unanimously wanted to get themselves free from the British rule.

• In order to describe the “genuine desire” of the people of the colonies, the writers of the declaration, especially highlighted the importance of liberty and happiness of free living and prosperity for every single individual member of any community.
Other Relevancies of the Document:

The US Declaration of Independence was drafted somewhere between June and July 1776, which received an approval on July 4th, the same year. Almost 56 Congress delegates signed the document. At that time, John Hancock was the President of the Congress, representing Massachusetts. Other people who were involved in writing the document include John Adams, Benjamin Franklin and Thomas Jefferson.

There is no doubt that the Declaration of Independence has some vital role in the history of the United States.


Hawaii Bankruptcy Laws



The declaration of bankruptcy allows debtors to solve significant financial debts after their non-exempt assets are distributed. Bankruptcy in the United States falls under Federal jurisdiction by the United States Constitution (Article 1, Section 8).

However, bankruptcy is implemented as statute law, and relevant statutes are incorporated within Bankruptcy Code of Title 11 of the United States Code. At present, two forms of filing bankruptcy are available to individuals: Chapter 7 and Chapter 13. Chapter 7 bankruptcy is a liquidation of assets, while Chapter 13 involves a reorganization by which the debtor creates a three- to five-year payment plan.

Although bankruptcy cases are filed in the United States Bankruptcy Court, they are often highly dependent upon state laws. Hawaii is one of the thirteen states in the U.S. that offers a choice between federal and state bankruptcy laws.

Hawaii bankruptcy laws provide exemptions that save a part of the properties from bankruptcy. Details of the exempted property are provided in the Hawaii bankruptcy chart. When bankruptcy is filed in Hawaii, an individual gets federal exemption in addition to Hawaii exemptions. According to Hawaii bankruptcy laws, an exemption limit applies to any equity in property secured by loans. Properties included in the Hawaii exemption chart are homestead (up to $30,000 for senior citizens and $20,000 for others), all insurances, property of business partnerships, pensions, personal property such as appliances, books, burial plots, clothes, jewelry to $1,000, and motor vehicles to $2,575, public benefits, tools of trade, and wages to minimum of 80%. No wildcard exemptions are given in Hawaii.

In Hawaii bankruptcy law, Chapter 7 filing has advantages such as a complete fresh start, immediate protection, lack of a minimum limit on the debt, and quick discharge of the case. The advantages of a Hawaii Chapter 13 payment plan are that it enables a person to keep his property, has more dischargeable debts, gives more payment time, and separates creditors by class. Major changes in the new act effective October 17, 2005, include a means test, proof of income, state exemptions, counseling, and child support.

Declaring bankruptcy is an important decision and quite complicated in its implementation. Hiring an attorney with experience in the field concerned is generally recommended.


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