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“Without justice being freely, fully, and impartially administered, neither our persons, nor our rights, nor our property, can be protected. And if these, or either of them, are regulated by no certain laws, and are subject to no certain principles, and are held by no certain tenure, and are redressed, when violated, by no certain remedies, society fails of all its value; and men may as well return to a state of savage and barbarous independence.” –Joseph Story, Commentaries on the Constitution, 1833
It seems Lady Justice can be a fickle girl, even after all these years. Have you ever been bullied or intimidated by police officers when you had done nothing wrong? It is not a comfortable situation, I can assure you. In fact, it is downright uncomfortable! Smack dab in the middle of a personal situation concerning just such an event, I open my email to find the above quote. No, I don’t believe in coincidences, either!
The underlying issue is the subjective nature of Law. Who or what decides what is and what is not lawful? As I understand things here in the USA, the Constitution is the foundation of LAW upon which all other laws or amendments are constructed. In some forms of government, the monarch or tyrant IS the law. Whatever they say goes, and that can, of course, change from one to the next or, theoretically, from day to day. I am not aware of any political system that adheres to an absolute law, aside, perhaps, from a theocracy.
So, I return to my questions:
- Who or what defines the Law?
- What is lawful?
- What are the boundaries of the Law?
- Should Law not be concrete, or at least, sturdy enough to withstand the winds of political correctness from one generation to the next?
- And if that is not the case, is it any wonder we have a generation growing up without any clear conviction of “right” and “wrong?”
They are navigating without
a “North Star!”
Without the North Star, navigating in an open sea without modern equipment is dangerous. The ship is likely to be blown of course in every storm. The North Star functions as an absolute by which its relationship to other stars can be measured to determine the location.
Similarly, for decades the Ten Commandments functioned as our legal North Star. The Constitution and all amendments were constructed in line with the ancient Law that guided people for centuries on several continents. Even more fundamentally, the Golden Rule shined down through the ages and a guideline for humanity. Prior to this Law, everyone did what was right in his own eyes. The Ten Commandments were the initiation of LAW, the beginning. Up until this point in history, there was no absolute, universal Law, but rather, each society, each village, each tribe established a set of laws to fit their needs.
Now, it seems, certain parties are attempting to surgically remove all traces of absolute Law, remove our heritage based on the Ten Commandments, and exchange it for political correctness, which is, by definition, subject to political change. “Political Correctness is merely the resentment of spoilt children directed against their parent’s values.”
The question remains:
What is the SOURCE of LAW?
If We-the-People have no absolute Law in place, no legal North Star to secure us, then there are no certain laws, and are subject to no certain principles, and are held by no certain tenure, and are redressed, when violated, by no certain remedies, society fails of all its value; and men may as well return to a state of savage and barbarous independence.” The Obamacare issue is a perfect case-in-point! As the POTUS scolds and challenges the veracity of the Supreme Court as they consider the constitutionality of the legislation, he demonstrates his personal disregard for absolute Law as we in the USA have known it since the Constitution was written. Liberty is lost … What think you?
What is the SOURCE of LAW? Sen Santorum brought it to light during one of his victory speeches. Our Declaration of Independence says that here, in the United States of America, “We hold these truths to be self-evident, that 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.” The Source of these Rights? Our Creator! Man didn’t give them to us, and man cannot truly take them away!