Today we may complain about the intrusiveness of our government yet are we willing to fight to rid ourselves of their control? We the people were to control our government by keeping it bound by the specific limitations articulated within our U.S. Constitution. The states were to be more powerful than the federal government, maintaining sovereignty proven through the very process of ratification. In a series of carefully crafted checks and balances those who launched our experiment in government by the people believed they provided us tools to help insure our liberty and freedom as well as our ability to control government rather than government controlling the people.
Thomas Jefferson prescribed to the law of nature, as revealed in his words from 1770. "Under the law of nature, all men are born free, every one comes into the world with a right to his own person, which includes the liberty of moving and using it at his own will. This is what is called personal liberty, and is given him by the Author of nature, because necessary for his own sustenance."2 The law of nature was fundamental in the writings of John Locke, Thomas Paine, and others who were so influential in forming the core belief structure that led the colonists to denounce their allegiance to King George III and break from Britain while forming a government of federal, republican unity.
Judge Andrew Napolitano writes,"[t]he significance of the Declaration for constitutional scholars is that it is believed to contain the philosophical underpinnings of the Constitution. In other words, an understanding of Natural Law, its conferral of rights upon men and women, and the relationship between those rights and the role of government is fundamental to understand and interpret the Constitution properly."3 Judge Napolitano helps us understand something most of us fail to realize; the struggle that has taken us from liberty to oppression while still having our Constitution (though ignored) is a struggle between the conflicting theories of Natural Law and Positive Law.
Natural Law is inherent in all people, given to us by our Creator. It stands as a protection against a majority ruling over a minority as well as a government ruling over the people as a whole. Positive Law, the term originated in Thomas Hobbes' 1660 work The Leviathan, is a basic belief law and human rights come from the state rather than from nature. "Under Positivism, the law is whatever those in power say it is, whether that decision is democratic or dictatorial in nature. Positivism demands that all laws be written down, and requires that there are no theoretical or artificial restraints (such as Natural Law) on the ability of the government to enact whatever laws it wishes. No higher law exists; deuces beat a royal flush if enough people in power say so."4 Does this sound familiar?
Though Ronald Reagan's administration did little to restore our liberty his words give us insights into the understanding of where we started and where we should have headed. He knew it was the states that created the federal government, not the other way around. He also knew government is not the solution to our problems, government is the problem. Today we have allowed the federal government to take over. Our states are merely minions of the oligarchy running this country. We've also allowed ourselves to be fooled into believing we are a democracy rather than a republic. With the advent of the 17th Amendment and the complete distortion of the electoral college system we have morphed into what the founders knew to be short lived and violent in death. We believe, based on our experience, the majority is to rule over the minority. None of this was based on the understanding of those who fought against a nationalist, democratic approach in forming the United States.
Our very structure of government, our original electoral scheme, our birth as a united country of sovereign states was developed to protect us from the vial, negative impacts Positivism has had throughout history. Each of us who dare exercise our right to vote must strive to study these basic principles. Lucky for us we don't need to rely on public education nor do we need to become legal experts. There are countless books available to us thanks to the brave authors who want us to know so we can then reclaim our true heritage. I am listing a few of those works at the end of this article.
We are in a true civil war right now, the first in our country's history. Fortunately we still don't need to fight it from the cartridge box if we implement a more educated vote, play a more Constitutional role as jurors, and can rally enough voices to demand our states reclaim their power while insisting on an Article V Convention. Our choice is simple. We don't need to choose between democrats and republicans or any other partisan party. We don't need to devote ourselves to a single issue or moral stance beyond one; do you choose a country based on Natural Law or Positive Law?
Recent books for suggested reading:
Virginia's American Revolution: From Dominion to Republic, 1776 - 1840 (Dr. Kevin Gutzman)
The Politically Incorrect Guide to the Constitution (Dr. Kevin Gutzman)
The Politically Incorrect Guide to American History (Thomas Woods, Jr.)
The Constitution in Exile (Judge Andrew Napolitano)
A Nation of Sheep (Judge Andrew Napolitano)
Who Killed the Constitution (Thomas Woods, Jr & Dr. Kevin Gutzman)
Empire of Debt: The Rise of an Epic Financial Crisis (Bill Bonner & Addison Wiggins)
Origins of the Bill of Rights (Leonard W. Levy)
This is not an exhaustive list by any means as there are great historical works as well as other modern efforts that will help you decide which side of the political struggle you want to support. However, these are all easy to read and will guide you to deeper studies. One clear warning, buy a large supply of highlighters and be ready to engage in conversation with others about what you read. Education through conversation is a critical part of becoming action oriented, none of us can afford to stand on the sidelines during the next two election cycles.
Notes:
1. Gutzman, K. (2007). The Politically Incorrect Guide to the Constitution. Washington D.C. : Regnery Publishing, Inc. (p. 1)
2. Jefferson, T. (1770). Legal Argument. [link edited for length]
3 &4. Napolitano, A. (2006). The Constitution in Exile: How the Federal Government has Seized Power by Rewriting the Supreme Law of the Land. Nashville: Nelson Current. (pp. xix, xxii)
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The most important thing we can all restore is conversation regarding politics.
2008 by Gary Wood
Columnist, radio show host, and co-founder of Hear My Thunder.
Special Guest: Dr. Kevin Gutzman, Nov. 23rd, 7pm EST
©2008 Gary Wood, all rights reserved. You must have written permission from the author in order to republish this work.
Published: Saturday, November 15, 2008
Last modified: Saturday, November 15, 2008
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Reader Comments:
Posted By: gene
Date: 2008-11-16 10:23:48
Hi Gary, very nicely written article. just the way it was written, optimistic, factual, non confrontational, full of good info. when something is written in that manner it can be debated or agreed with or just read without the thing becoming some kind of competion or battle. keep it up!
Posted By: Gary
Date: 2008-11-17 07:59:42
Thank you Gene. It's always my goal to spark discussion and debate, whether we end up agreeing or not. It's nice to stir the critical thinking juices. I appreciate your feedback and will continue to measure my articles against this standard.
Posted By: John Armstrong
Date: 2008-11-17 11:51:17
I am currently reading "Constitutional Chaos" after reading "A nation of sheep" this summer. Great books by a great man. Well written summarization of transformative ideas, Gary. Thanks.