THE LAW
(various Emphasis Added)
The Law: the collection of rules imposed by authority.
(various Emphasis Added)
The Law: the collection of rules imposed by authority.
At the time of the Founders, William Blackstone’s Commentaries on the Laws of England(*) was the most widely read, and respected, definitive commentary on the nature and principles of law. Edmund Burke famously observed that nearly as many copies of the Commentaries had been sold in the colonies as in England. Relative to the population at that time it was also claimed that Blackstone's Commentaries sold more copies than any other book in the colonies, except the bible.
While it must be noted that Blackstone, himself, was totally opposed to the separation of the colonies and Jefferson even warned against some portions of the Commentaries, within them you will find the very backbone of our system of governance and justice, such as the separation of powers into three branches and the nature of our system of laws. Commentaries are still widely referred to in law today.
From Commentaries, Introduction, Section 2, "Of the nature of Laws in General":
"Law, in its most general and comprehensive sense, signifies a rule of action; and is applied indiscriminately to all kinds of action, whether animate or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or mechanics, as well as the laws of nature and of nations."
"Man, considered as a creature, must necessarily be subject to the laws of his creator,...as man depends absolutely upon his maker for every thing, it is necessary that he should in all points conform to his maker’s will."
"Human reason, has been pleased, at sundry times and in diverse manners, to discover and enforce its laws by an immediate and direct revelation. The doctrines thus delivered we call the revealed or divine law, and they are to be found only in the holy scriptures....These precepts, when revealed, are found upon comparison to be really a part of the original law of nature...".
"Upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human laws should be suffered to contradict these."
In the above there are several points that are often overlooked today. To Blackstone, and our founders, the foundations of all "human law" are "Natural Law" - received from man's Creator and "Revealed Law" - "...found only in the holy scriptures.". It is here that we find the foundation of the principles declared within the United States Declaration of Independence:
"all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." (note that Blackstone indicates that life, liberty and the pursuit of happiness are only some of the rights received from the Creator)
No human laws may command contradiction to natural or revealed law and any human law amending any type of punishment to natural or revealed law has no "moral effect" on such law. The proper area of human law is with regard to matters not commanded or forbidden by "superior law".
Within this area, where superior law is "indifferent", is found "Laws of Nations" - addressing "mutual intercourse" between independent and sovereign nations and the rule by which particular districts, communities, or nations are governed - "Municipal or civil law"
Within Civil Law, there are several basic divisions of law relative to our evidence. Some of these are often broken down into more specialized areas not really pertinent to our discussion here.
1. "Oral", or "customary" law - That based on oral history, tradition and custom.
2. "Common Law" - That based on prior court decisions (precedent)(D) and, like oral law, tends to
"change" over time.
3. "Statutory Law" - Written laws, enacted by a legislature (i.e. An elected body) and, usually,
"codified" into sections of similar laws. This type of law is made by national,
or state legislatures or municipalities (e.g. a "Penal Code").
4. "Regulatory Law" - Originates in the Executive branches of government-by unelected
officials (can you say "tsars"?) - and are usually regulations, with
the force of law, used to make the provisions of the statutory law
happen - and, generally, make people miserable - (e.g. "EPA"?).
5. "Constitutional Law" - this type of law originates in a "constitution", which is the founding
document of a nation or Government and is agreed on by all the
members of the sovereign groups, originally forming the nation or
government, or by a national population.
(Note this difference, it will be important later on.)
In the next sections, we will examine some Aspects of the law - the letter and Spirit (intent) of the law, Judicial Review and the specialized application of judicial review known as "constitutional Review". A general knowledge of these aspects is helpful in understanding how the AOE has labored, for generations, to pervert the process of interpretation of the Constitution.
While it must be noted that Blackstone, himself, was totally opposed to the separation of the colonies and Jefferson even warned against some portions of the Commentaries, within them you will find the very backbone of our system of governance and justice, such as the separation of powers into three branches and the nature of our system of laws. Commentaries are still widely referred to in law today.
From Commentaries, Introduction, Section 2, "Of the nature of Laws in General":
"Law, in its most general and comprehensive sense, signifies a rule of action; and is applied indiscriminately to all kinds of action, whether animate or inanimate, rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or mechanics, as well as the laws of nature and of nations."
"Man, considered as a creature, must necessarily be subject to the laws of his creator,...as man depends absolutely upon his maker for every thing, it is necessary that he should in all points conform to his maker’s will."
"Human reason, has been pleased, at sundry times and in diverse manners, to discover and enforce its laws by an immediate and direct revelation. The doctrines thus delivered we call the revealed or divine law, and they are to be found only in the holy scriptures....These precepts, when revealed, are found upon comparison to be really a part of the original law of nature...".
"Upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human laws should be suffered to contradict these."
In the above there are several points that are often overlooked today. To Blackstone, and our founders, the foundations of all "human law" are "Natural Law" - received from man's Creator and "Revealed Law" - "...found only in the holy scriptures.". It is here that we find the foundation of the principles declared within the United States Declaration of Independence:
"all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." (note that Blackstone indicates that life, liberty and the pursuit of happiness are only some of the rights received from the Creator)
No human laws may command contradiction to natural or revealed law and any human law amending any type of punishment to natural or revealed law has no "moral effect" on such law. The proper area of human law is with regard to matters not commanded or forbidden by "superior law".
Within this area, where superior law is "indifferent", is found "Laws of Nations" - addressing "mutual intercourse" between independent and sovereign nations and the rule by which particular districts, communities, or nations are governed - "Municipal or civil law"
Within Civil Law, there are several basic divisions of law relative to our evidence. Some of these are often broken down into more specialized areas not really pertinent to our discussion here.
1. "Oral", or "customary" law - That based on oral history, tradition and custom.
2. "Common Law" - That based on prior court decisions (precedent)(D) and, like oral law, tends to
"change" over time.
3. "Statutory Law" - Written laws, enacted by a legislature (i.e. An elected body) and, usually,
"codified" into sections of similar laws. This type of law is made by national,
or state legislatures or municipalities (e.g. a "Penal Code").
4. "Regulatory Law" - Originates in the Executive branches of government-by unelected
officials (can you say "tsars"?) - and are usually regulations, with
the force of law, used to make the provisions of the statutory law
happen - and, generally, make people miserable - (e.g. "EPA"?).
5. "Constitutional Law" - this type of law originates in a "constitution", which is the founding
document of a nation or Government and is agreed on by all the
members of the sovereign groups, originally forming the nation or
government, or by a national population.
(Note this difference, it will be important later on.)
In the next sections, we will examine some Aspects of the law - the letter and Spirit (intent) of the law, Judicial Review and the specialized application of judicial review known as "constitutional Review". A general knowledge of these aspects is helpful in understanding how the AOE has labored, for generations, to pervert the process of interpretation of the Constitution.
NEVER FORGET !
