Thursday, January 04, 2007

THE PURPOSE OF LAW ll



By de Andréa

If our electorates were cognizant of the contents of this article, and more importantly cared enough about it to put it back into practice, it would turn this country around and put it back on its original vestige of the aegises of liberty. Moreover, the future of this Free Nation may just be preserved for our grandchildren, and future generations.

I am going to wax a little philosophical now, so bear with me please.

The only purpose of law in a Free Nation is to protect our God given inalienable rights. There are no gray areas. If a law does not protect a right of a free citizen, it then infringes upon it, and has no place in a free society. Not so long ago, this was the goal of the Constitutional Architects of America. However, because of the bane incremental destruction of our Constitutional rights by our own Federal, State, and Local governments, the Architects would not even recognize this Nation today as their own design.

We have a Congress with an insatiable need to pass laws, any law, especially if it restricts something, controls someone, or takes something away from someone. It has become a tool of power instead of protection. Moreover, a Supreme Court that has blatantly violated the very Constitution that it is charged with protecting, instead it is illegally legislating unconstitutional laws from the bench, as opposed to doing its definitive job of upholding Constitutional Law and protecting the rights of free citizens.

“Any law that violates Constitutional Law is no law and should not be enforced by any law enforcement officer or upheld by any court,” John Jay 1st Chief Justice U.S. Supreme Court, (1789). “All laws that are repugnant to the Constitution are null and void.” Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803) An incredible contrast to what we have today, our Supreme Court is making rulings that are blatantly in violation of the Constitutional rights of all U.S. citizens.

The existence of a people and or property precedes the existence of law, so the function of law is only to guarantee their protection. Law requires the use of force, and consequently should be used only where force is necessary to protect the rights and property of a free people. This is justice and the purpose of law.

Every individual has the right to use force for lawful self-defense. It is for this reason, that the collective force may lawfully be used, which is only the organized combination of individual forces, and cannot legitimately be used for any other purpose. Law is solely the organization of the individual rights of self-defense, which preceded the existence of law.

The legislator does not have absolute power over persons or their property; the existence of persons or property preceded the existence of the legislator and so his function is only to protect their safety. It is not the purpose of law to regulate our thoughts, wills, beliefs, education, religion, opinions, businesses, or pleasures, or any God given right. The purpose of law is to protect the free exercise of these rights, and to seek legal punishment of any person or organization that interferes with the exercising of these rights.

Another misconception is that the purpose of law is the prevention of crime, the truth is, that law is not meant to prevent crime at all, it only defines the wrongdoing. One might believe the concept of more laws less crime, if that were true we would not have crime in this country at all. We have more laws, rules, regulations, and ordinances, Local State and Federal on the books in The U.S. than the rest of the world combined. In fact, the opposite is true, if there were no law, there could not be any crime, because without law we would not define the action as a crime. This does not mean however, that there would be no wrongdoing.

In a free society, one should be able to do anything one would wish to do, hence the meaning of freedom, and to be liberated. If one cannot, one should question whether one truly lives in a Free State. Of course, there is always the proverbial exception. In this case, one should consult the basic law of freedom, what without all freedom would self-destruct through chaos. The law of freedom says that in a Free State one can do anything one wants to do unless, it encroaches, infringes, or denies another person their freedom to exercise their rights. If our legislators would use this basic law as a guide for all laws, we certainly would not be sailing off into an oppressive society.

One only needs to ask the question. Is our system of law and government still effectively doing its definitive job of protecting our inalienable rights? Or, are our elected legislators and appointed Judges using their power to incrementally and diametrically dismantle the original design and philosophy of what the architects worked so diligently to construct? Have we reached, or will we soon reach the point in our history where we will have to say to ourselves, America may still be a free nation by comparison, but it is no longer definitively a free nation.

IN SUMMATION

The Constitutional Architects of America were not irrational extremists or a product of ancient times that are not relevant in today’s world. Quite the contrary, these Pre-American patriots were philosophical Idealists that not only had the ability to understand history but had the foresight to document the establishment of a society that would be protected from the reprise of the past, for all the rest of time.

The documentation of ones rights was to serve as a permanent reminder that this is a Free Nation, unique in everyway; moreover, it was to establish our own history of protected liberty by putting pen to paper. The U.S. Constitution was never meant to be a temporary philosophical essay.

The incremental disestablishment of America’s rights not only leads to crime and chaos but will ultimately pilot this liberated Nation back into oppression and tyranny. We will have come full circle in our history, all because we have lost sight of our history, and the purpose and philosophy of law.

The irresponsibility of the Citizenry of this Country to abandon the legislators to seek their own direction in government, is leading to an ever increasing cogency of the perversion that takes place when a government is left up to its own volition.

This Country, according to the documentation of our Forefathers was, and is unlike any country on this earth, to be a government by, and for the Free People of this Nation, but it is sadly moving surreptitiously toward a Governmental power, independent of the people.

As mentioned earlier, the purpose of law is only to protect the inalienable rights of its citizens. I challenge anyone to point to a law that was passed by our electorate in the in the previous 100 years that meets that criteria. That is, any law that upholds supports and or strengthens our rights, liberty, and freedom. If one cannot be found, this means that every piece of legislation that has been signed into law in the passed 100 years has been to restrict disable or to totally defeat our God given rights of freedom and liberty. How many rights do you think we have left, before we can no longer call ourselves a Free and liberated Nation?

THE BOTTOM LINE: The most basic right we have as human beings is the right of self defence. The preservation of one own life is not only a basic human right but is a basic human instinct. The new philosophy of the liberal left is to create a dependent society, one in which the citizens will learn to depend on government for ones every need, no matter what the cost, even if it is at the expense of freedom and demise of innocent human lives.

de Andréa

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