THE NATURE OF CONSTITUTIONAL LAW
The advent of constant constitutional infringements against the people and their states over the past years has caused an increasing number of Americans to return to the Founding documents for guidance. Some 240 years after our founding as a free independent nation, it is once again in style to be a “constitutionalist” in the model of our Founding Fathers.
However, being a constitutionalist circa 2017 isn’t as easy as one might think. Although the Constitution and Bill of Rights were written and ratified in simple English, as opposed to legalese, many struggle to glean the truth when working to reestablish and enforce the Rule of Constitutional Law – So few words, so many interpretations of what those simple English words mean.
Because interpretations are most often driven by political agenda, by policy makers, law professionals, the news media and political activists from the full spectrum, an endless debate over the meaning of words has often placed the grasp of the Founders intent out of reach for average Americans who rely on “experts” to interpret for them, that which they can easily interpret for themselves.
Natural Law vs. Common Law
In the effort to know, understand and uphold the U.S. Constitution, the first step is the most important step. You cannot head east by setting your first foot down headed west.
The Declaration of Independence established the basic foundations for everything.
The opening preamble to the Declaration reads as follows;
IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen United States of America
When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
The preamble establishes both the purpose of the declaration, “to assume among the powers of the earth, the separate and equal station;” our independence, and under what legal foundation, “to which the Laws of Nature and of Nature’s God entitle them;”
From this moment in history forward, everything the Founders created in the U.S. Constitution and Bill of Rights that followed, was erected upon this founding principle and set of laws, “the Laws of Nature and of Nature’s God.” The modern term for this set of laws is Natural Law, a set of inalienable universal laws which apply to all of mankind, endowed by our Creator, existing as part of the natural condition and beyond the authority of legislators, magistrates or governments.
Today’s law professionals will tell you that you have “constitutional rights” and that our “Common Law” courts exist to protect these rights. If this were true, our Constitutional Republic would not be on the brink of extinction today.
What Americans have is “natural rights” that are “endowed by our Creator” – which are protected by the Constitution and Bill of Rights. Common Law is “the part of English law that is derived from custom and judicial precedent rather than statutes, often contrasted with statutory law.” Because Common Law is derived from custom and judicial precedent, it is the mortal enemy of Natural Law, which means, the mortal enemy of Natural Rights as well.
The Basis of Natural Law
By definition – Natural Law is a body of unchanging moral principles regarded as a basis for all human conduct; an observable law relating to natural phenomena. This is the basis for all “inalienable natural rights,” beginning with but not limited to Life, Liberty and the individual pursuit of Happiness. The Bill of Rights is not a set of additional specific rights, it is additional protections for certain specific inalienable natural rights.
Thus, any statue or even constitutional amendment which is at odds with any fundamental natural right, is “unconstitutional” and unenforceable on its face. But according to modern Common Law lawyers, these unconstitutional acts enjoy “federal supremacy.”
The source of information of Natural Law for our Founders was Vattel’s Law of Nations, which is not an international “treaty” or law, but rather a world renowned “treatise” on the broad subject of Natural Law. We know this because our Founders recorded such reference in their writings. Common Law professionals seek power using legal customs and precedence to undermine constitutionally protected natural rights.
In recent years, these British Law practices have been used by U.S. Courts to undermine the Constitution and subvert the Natural Rights of the people and their states, making Common Law a mortal enemy of Natural Law and the U.S. Constitutional Republic.
The Natural Born Citizen example
Natural Born Citizen is a requirement for both President and Vice President of the United States, with good reason. For the past eight years, there has been an ongoing debate over what those three simple English words mean, even though all three words appear in every English dictionary and Vattel’s Law of Nations spends an entire Chapter (XIX) explaining the Natural Law concept of Natural Born Citizen.
Attempts to amend Article II requirements for the Oval Office by way of Common Law arguments and precedence are responsible for all the confusion over those three simple words. To put a fine point on the matter, every Common-Law citizen is a “naturalized citizen,” the opposite of Natural Born. Only a citizen via Natural Law is a Natural Born Citizen.
The Common Law Threat
Founder Thomas Jefferson said it best in a letter to William Jarvis, Sept. 28, 1820 –
“You seem . . . to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so . . . and their power [is] the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with corruptions of time and party, its members would become despots.”
Jefferson concluded in a letter to Thomas Ritchie, Dec. 25, 1820 – “The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our constitution from a co-ordination of a general and special government to a general and supreme one alone. This will lay all things at their feet, and they are too well versed in English law to forget the maxim, ‘boni judicis est ampliare jurisdictionem’ [good judges have ample jurisdiction]. . . . A judiciary independent of a king or executive alone, is a good thing; but independence of the will of the nation is a solecism, at least in a republican government.”
It has only gotten worse since Jefferson made these statements! Not only has the judicial branch failed to uphold and preserve the Constitution, it has become its greatest threat, acting in concert with the Executive branch in subversive fashion.
Draining this Swamp
The 2016 election that hoisted anti-politician Donald J. Trump to President-elect was a nationwide voter revolt against the ongoing destruction of our sovereign Constitutional Republic.
In May of 2016, Tim Harrington and I released what became the most critical FIVE STAR rated book available in 2016 – TRUMPED: The New American Revolution. This 14 chapter, fast read defines the swamp in great detail and how to drain it… Many who thought it was a campaign book for Donald Trump fast learned that the book is far more than that.
It’s an expose’ on who created the swamp, when, why and how they created it, and what the American people must do to drain it. The election of Donald Trump buys the American people a little time and opportunity to do that… But without understanding the swamp, they will never succeed in draining it.
We are a Constitutional Republic only so long as the American people know what that is… where its foundations come from… their role in protecting and preserving it and how to drain the swamp.
Without this critical knowledge, they will not drain the swamp, nor will they continue to be a free sovereign Constitutional Republic of, by and for the people of the United States.
The Nature of Constitutional Law is to prevent men from ruling over mankind via British Common Law tactics of custom and precedence. The nature of Common Law is to undermine Constitutional Law and eliminate all Natural Rights.
JB Williams is a writer on matters of history and American politics with more than 3000 pieces published over a twenty-year span. He is co-author of the FIVE STAR book – TRUMPED – The New American Revolution – with co-author Timothy Harrington, published by COFBooks.com. He has a decidedly conservative reverence for the Charters of Freedom, the men and women who have paid the price of freedom and liberty for all, and action oriented real-time solutions for modern challenges. He is a Christian, a husband, a father, a researcher, author and writer as well as a small business owner. He is co-founder of action organizations The United States Patriots Union, a civilian parent organization for The Veteran Defenders of America. He is also co-founder of The North American Law Center, a citizen run investigative legal research and activism organization focused upon constitutionally protected Natural Rights under Natural Law. Williams receives mail at: email@example.com