Sunday, April 20, 2014
Legitimacy, the Rule of Law, and the Challenge facing Patriots
I am not well-educated on lawmaking in England during the time of our own Revolution. I do believe that the King essentially got what he wanted, even if he had to go through Parliament for a rubber stamp. Whatever the technical procedures, what the King desired to be law, became law. It was accepted, it had precedent reaching into English history far beyond the memory of any living men of the time. The King declared a law, and it was understood by all to be law.
Of course the English in America (hereafter referred to as Americans) decided they would no longer be bound by the King's Law. They offered a Constitution in place of a King. The Constitution was drafted with the intent of following Nature's Law, founded upon Rightful Liberty. Regardless of how that Constitution has been abused and perverted since ratification, the intent was genuine. The Constitution provided the new Federal Government a very well defined and finite list of responsibilities and powers. The States agreed that the Constitution represented the bottom threshold of certain Rights (articulated in the Bill of Rights). No State could infringe speech or arms or personal privacy to any extent greater than the bonds imposed on FedGov.
The People of America accepted the new Constitution. Not all, but a very overwhelming majority. And for those who dissented, there was no legitimate means for Government to reach dissenters. Only through perversion of the Constitution could Government reach Citizens punitively. And time marched forward. The Constitution became recognized by all to be the Supreme Law of the land. It replaced a King, and as such it was given the weight and respect of a King. Natural Rights and Laws replaced the King's Law. When people had a problem, they looked to the Constitution for moral governing authority.
And when men who meant to be Masters wanted to impose their will, the Constitution was a barrier. So those men began the long, slow, grinding process of re-defining the meaning of the Constitution to permit their will. The Constitution had become, and remains today, so revered in America that all parties invoke it as the moral legitimacy for their actions. The reason Enemies of Liberty have not simply declared the Constitution obsolete and cast it to the trash bin is because the overwhelming majority of Americans, regardless of political affiliations, would hold their decree to be illegitimate and they would feel justified in defying any laws set forth by any entity not operating under the Constitution paradigm.
For good or ill the fact is simple - until an absolute tyrant takes power with the willingness and capability to raze the republic in a genocidal holocaust, all tyranny in America will be imposed while invoking the Constitution as the legitimate basis for those tyrannies.
Thus, the problem for Patriots. Go to Google News and type "Bundy." Scan the headlines of news and opinion pieces that take the anti-Bundy position. In every single case that I checked the writer invoked "the Rule of Law" to cast Bundy in the wrong. He is a "Lawbreaker." He is a "freeloader" because he does not do as the other ranchers do - paying their grazing fees.
Next, look at the comments to these articles. The masses argue the Rule of Law and declare that the law comes down against Bundy. This is the ugly impediment to using reason against our meddlesome tyrants. The vast majority of Americans, including the low information voters, including the "Law & Order" Republicans, indeed even an overwhelming majority of those in the Tea Party and Liberty Movement, hold "the Law" as that singular defining arbiter of Right versus Wrong.
If X is a Law, it is sacred.
Paying personal income tax is a law. How many times have you heard that "...he isn't paying his fair share..."? That it is law is all that matters. Automatic weapons are banned by "law", thus any person in possession of one is a lawbreaker, and lawbreakers earn an immediate uphill fight against the masses who impose the burden upon the accused to prove why he is not in violation of "the law". The vast and overwhelming majority of people will not entertain arguments that challenge the validity of a law - because it is a law. The Congress said so in accord with the Constitution. The courts said so, in their Constitutional role.
For so long new Americans have been taught that Law is the final word - and anyone breaking the law is a barbarian, a ghastly beast who does not believe in "The Rule of Law." Judges and police are noble, for they stand in protection of the law, and the law is all based upon the Constitution. You can change a law, but if you break it before it is changed, you are the wrongdoer.
This is why very few Patriots have ever won a reasoned discourse with others. This is why Patriots end up red-faced and frustrated. This is why so many Patriots no longer bother with their extended family.
To argue that a law is unconstitutional is to argue against the Constitution itself.
Only bad people argue against the Constitution.
The Constitution has a blind faithful following equal to many religions.
You can not win an argument with a man when challenging that man's God.
Patriots who insist upon fighting this battle are wasting time, energy and resources. There is only one remedy to those who do not understand Natural Law and do not understand the Founder's Intent. Patriots must ignore them, do the Hard Things necessary to restore the Founder's Intent, and dismiss the wailing of those who call you Domestic Terrorists, betrayers of the Constitution, and all those who parrot those charges.
We are beyond reason, debate and even dialogue.
Patriots must simply ride to the desert and stand with the Bundy's - all of the 'Bundy's', wherever they may be - and follow their own moral compass, regardless of the Law and those who will call you names, and those who will seek to imprison you for your law-breaking. Those who move against you must be met with self-defense.
Let us set the world right. Ignore those who must be ignored. And those who will not be ignored must answer for their crimes against you in accord with Natural Law. They must answer to you in the moment they transgress, for Man's Laws in Man's Courts are no protector of Justice.
Action in accordance with Natural Law is all that remains available.
None of the men who drafted and ratified the Constitution would ever indict you for following Natural Law, for defending your Natural Right to life, liberty and the pursuit of happiness.
Posted by K at 11:18 AM