March 2015 – The Rule of Law

Published March 7, 2015 by Dr. David M. Berman in Articles

The term “Rule of Law” seems to be a term that the majority of Americans either do not understand, or simply do not care about. The idea is rooted in the founding of America, a revolutionary position that stabbed at the heart of the aristocracy world view. Due to human nature it has always been that the powerful, connected, and rich people were often able to be above the law. This realization caused our founders to place the Constitution as the center of our nation’s governance. The three equal branches of government were meant to be a check on each other in order to have due recourse for abuses of one branch. The solemn oath to “defend the Constitution from all enemies both foreign and domestic” was considered to be matter of one’s sacred honor in the covenant made by between the American people’s government and the American people. Our founders understood that a nation that has this mindset had not ever really existed before. They knew that is would only work if the people remained educated in the principles of liberty:

“An elective despotism was not the government we fought for; but one in which the powers of government should be so divided and balanced among the several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others. – James Madison, Federalist 84, 1788

Heretofore Europe was made up of differing classes, classes of law givers and followers. The various monarchies we not subject to the same laws as the peasants were. Property rights, personal religious freedom rights, rights to defend with arms had all been in some way infringed. Taxation without representation, and a ruling class of elite, had practically always been the way. This subjugation was rejected by our foundational principles in which all were to be equally treated under the rule of law as well as the government itself being bound by the rules of the Constitution (obviously slavery was an affront to the principles of liberty and we paid dearly for that sin).

The point of the rule of law is to ensure that no matter what financial or social class one may be in, they have the same rights as those who are powerful. If we are to be honest we must admit that due to human nature we have never been absolutely perfect in living up to this ideal, having said that, we have been better at it then anywhere in the world until about 60 years ago. In the last 20 years there has been a rapid decline in the practice of the rule of law. Property rights have been decimated, the powerful politicians are hardly ever held accountable for their law breaking and influence peddling. On everything from tax evasion to bribery to breaking of their oath of office, the New American aristocracy lives above the law in their personal practices as well as their blatant disregard for the constitution. All three branches of the federal government are now enemies of liberty and filled with corruption of political, personal, and philosophical detriment to the once great nation called America.

A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned – this is the sum of good government. – Thomas Jefferson, First Inaugural Address, 1801

President Obama has been nothing but a breaker of every foundational principle of the rule of law. From his making of law and changing of law by decree (Obama care), to his sweeping actions of changing immigration law, to his recent talking of an executive order to outlaw the manufacture of legal ammunition, this man has violated every oath of his office and should be impeached at least. The I.R.S. has broken laws with impunity. The Supreme Court has sanctioned the murder of babies as a “right” thereby supporting the violation of the most sacred right a person has; THE RIGHT TO LIFE!!

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” – Declaration of Independence July 4th 1776

The process of the rule of law has been totally destroyed. Hillary Clinton breaks the law (private email) and nothing happens. Al Sharpton breaks tax laws and nothing happens. I.R.S. obstructs justice (withholds email evidence) and nothing happens. Eric Holder breaks the law (fast and furious) and obstructs justice and nothing happens. Obama breaks the law (amnesty for illegals) and nothing happens. I could go on and one but I hope you get the point. Those in political power and those connected to political power are not held accountable like the rest of us.

Without the rule of law we can’t be free, we can’t have prosperity of life liberty or the pursuit of happiness.

The ordaining of laws in favor of one part of the nation, to the prejudice and oppression of another, is certainly the most erroneous and mistaken policy. An equal dispensation of protection, rights, privileges, and advantages, is what every part is entitled to, and ought to enjoy. – Benjamin Franklin, Emblematical Representations, 1774

Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses. This being the end of government,that alone is a just government which impartially secures to every man whatever is his own. – James Madison, Essay on Property, 1792

And now to the foundational point; no nation can keep liberty without the thesis & antithesis world view. The understanding of right and wrong are essential for liberty and the rule of law. The modern relativistic world view is a detriment to the rule of law because the worldview itself can’t proclaim any absolute rule. In other words, if there is no real right and wrong, if indeed all things a to be judged relevant to the situation, then any action can be deemed good. This  includes the actions of politician to pass laws (or to act on his own decree) that are totally unconstitutional with the excuse of it being for the greater good. This mindset is the death nail of liberty because rather than law and principle deciding, individuals with power decide and that is the definition of tyranny!

These words sum up what must take place in order to have liberty:

“Virtue or morality is a necessary spring of popular government.” -George Washington

“Can it be that Providence has not connected the permanent felicity of a nation with its virtue? ” – George Washington

“There is no truth more thoroughly established, than that there exists . . . an indissoluble union between virtue and happiness.”  George Washington

“Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim tribute to patriotism who should labor to subvert these great pillars of human happiness — these firmest props of the duties of men and citizens. . . . reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principles.” -George Washington

The truth is this; the fiber of our nation has been decimated by our rebellion against God and His Word. We have chosen to worship government power and “provision” above the true granter of prosperity of life liberty and happiness. We have allowed our government to trample on us, rule us as peasants. We have allowed our politicians to sell us out to foreign governments and interests. We have turned our backs of the author of liberty. What is the only answer for our nation? Repentance.

This is the principle, and has always been the principle needed for restoration;

2 Chronicles 7:14  “If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.”


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