Libertarian - Anti-government: In most peoples minds, these are synonymous terms, or, at least close traveling companions. By being pro-government, perhaps I’m charlatan, rather than libertarian. I defer to your judgment; following a decent exposure to my thoughts.
The "Law" And The Constitution--Sixteenth American Jurisprudence, Second Edition, Section 177.
"The general misconceptions is that any statute passed by legislators bearing the appearance of law constitutes the law of the land.
Contrarily: The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement.
It is impossible for both the Constitution and a law violating it to be valid; one must prevail.
This is succinctly stated as follows: the general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose.
Since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it, an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed.
Such a statute leaves the question that it purports to settle just as it would be had the statue not been enacted.
Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no authority on anyone, affords no protection, and justifies no acts performed under it.
A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statue runs counter to the fundamental law of the land, it is superseded thereby.
No one is bound to obey an unconstitutional law and no courts are bound to enforcement it." Close Quote, emphasis added.
In essence, United States the community, or United States the nation, is nothing more than a compendium of laws; a group of people who have agreed that their lives would be easier, and more fulfilling, if living together under a common code; each contributing their individual skills, and experiences to the common cause we all recognize as freedom.
It's called civilization, and is applicable to every government, and every nation that has ever existed; with the term "freedom," being diversely defined within the minds and hearts of each individual soul.
Greeting fellow truth seekers, let me begin my series of essays with a question: Is the United States in the last few days of its tenure as a nation, or, are we, and the rest of the world, merely watching our corporate government self destruct on wide screen, high definition TV?
Whether or not we preserve the nation and our freedoms, is to be decided by the American peoples resolve, or lack thereof, toward their rescue, within the very foreseeable future. Any effort must begin by recognizing and establishing the humanity so eloquently enunciated within our Declaration of Independence, and so callously dismissed as "collateral damage," by the last four Presidential Administrations; No: let’s make that "Regimes!"
And what you may ask, will we choose to replace our "Democracy," after all, isn’t it the perfect government, after all, that is the message proclaimed by our president, while, also declaring the Constitution, "nothing more than a god dam piece of paper." I will offer a suggestion, but first the following rebuttal opinion:
" Democracy is the most vile of governments. As history has shown, Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property, and have in general, been as brief in their duration, as they have been violent in their death." James Madison - Founder - 4th President 1809 -17. One of the men instrumental in writing that "god damned piece of paper." Hey, I didn’t guarantee an unbiased opinion!
May I recommend collective self government; a government dedicated to the task of guaranteeing that an individual reaps the consequences what they sow, whether reward or punishment. A derivative of individual self government, it is the only viable form of enduring government!
As witnessed by history, including that currently unfolding, all others require libraries of capricious, contradictory law, and an army of (priest) lawyers, trained to "interpret" that law, and guide those unschooled in it, through this artificial mine field: For A Fee!
Justice Cost Money, How Much Can Your Afford. When either absolution or justice, becomes merchandise to be bought and sold, you have neither: The Best Example ?
Wittenberg Germany, October 31, 1517, Martin Luther, the priest of the local Catholic Church, nails ninety-five indictments of church policy to the church door, essentially accusing the Pope Leo X of corruption. One indictment -- The sale of indulgences - the purchased right to break church law - cost Catholicism, Christendom of the time its unity.
That same process, now masquerading as our "justice system" is now working its same magic within our nation, with the same result.
Remember: No one is bound to obey an unconstitutional law and no courts are bound to enforcement it."
This is the standard by which we will be judging our "Damnocracy" in later columns.
2008 Wendall Dennis, all rights reserved.