The Spirit vs. the Letter of the Law

America is no longer under the rule of law.  Today, we suffer under the rule of men, and that is defined as tyranny.  How did this happen in a nation famous for bringing the rule of law to the world?  I believe it has happened because Americans are woefully ignorant of the fact that it is the spirit of the law and not the letter that is binding.  How we were brought to this point is a subject for another post, but do not make any mistake: it was done intentionally, and it was done by using the letter of the law to pervert the spirit of the law.  Well, it is high time we restore some understanding to our society, and the events of the past week present perfect opportunities to explain the spirit vs. the letter of the law.

First, this is not a new idea.  The founders addressed the spirit of the law.  It even has a legal definition.  For practical purposes, the spirit of a law is the original intention behind that law.  Once the law is debated, passed and signed into law by the President, it is that spirit and none other that is binding upon all affected parties.  Unless the law is changed by the same legal process, it cannot be changed or altered.  If it is, those changes are an usurpation of proper authority and they do not carry any force.  A free people can and should ignore them.  They are as meaningless as if the town lunatic stood up in the middle of the square and demanded that the townspeople start referring to him as “The Master of the Universe.”

The current controversy with the militias and the federal property in Oregon is an example of how the law has been perverted.  To cut to the chase, the federal government has no Constitutional authority to take State lands.  This is in the Constitution (Article I, Section 8, Clause 17 ).

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;

Furthermore, we have the notes surrounding the founders’ intentions for this wording in the Congressional records.  they record:

When this provision was under consideration, a member of the Constitutional Convention asserted “that this power might be made use of to enslave any particular state by buying up its territory, and that the strongholds proposed would be a means of awing the state into an undue obedience to the general government.” In response, a motion was made to “insert, after the word ‘purchased,’ the words, ‘by the consent of the legislature of the state.’ This change, as asserted by the delegate who proposed it, “would certainly make the power safe. This provision, with the consent provision added, became Article I, Section 8, Clause 17 of the Constitution for the United States.

Well, in nearly every single case where the Federal govt. has taken massive pieces of State property, it has violated both the spirit and the letter of the Constitution.  You can read how this was done in this link:

Does the Constitution Grant the Federal Government the Power to Legislate over Land within the Several States?

Here’s the point: the Federal government has no right to the properties it has claimed.  In short, it has stolen them — period.  Just because the government has passed a law and the court a ruling, all agreeing that the government has the legal right to do so, it does not make it so!  That would require an amendment to the Constitution which, to date, no such amendment has been written, submitted or passed.  So, but both the spirit and the letter of the law, all federal parks, reserves, etc are illegally seized lands.

A BRIEF ASIDE:  In case you do not know who started this seizing of State lands, it was the Republican progressives under Theodore Roosevelt under the guise of ‘conservation,’ which — if you are up on political history — you will realize is just a Communist ploy to restrict private property rights.

Now for another example: Obama’s recent ‘executive orders’ on gun control are not legally binding — and for the same reason.  The 2nd Amendment was written to protect the individual right of every able bodied adult male to carry personal firearms.  How do we know this?  Because the amendment says so:

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

At the time the Bill of Rights was framed, the militia was understood as the populace.  By definition, this means private citizenry — the individual.  Furthermore, it was understood that ‘arms’ did not mean hand guns and rifles, but any military weapon of war!  How do we know this?  Because the founders said so!  They specifically said that the 2nd amendment was intended to protect the people from the government!  How do we know this?  Because the founders had no problem with private citizens owning cannons and even armed ships of war.  (Yes, in the Revolution, there were privately owned ships armed with cannons.  They were called privateers.  Look it up.)

On top of this, the Constitution guarantees this protection to all Americans.  Just as the Constitution guarantees the people of every State a republican form of government, it also guarantees the individual right to keep and bear arms.  This right is not to be infringed.  Folks, ‘gun control’ and ‘registration’ are infringements on this right!  This means they are both illegal according to the spirit and the letter of the law — period!

But there’s more.  The total of legislative authority (i.e. the power to make law) lies with Congress.  The Constitution does not give Congress authority to abdicate this power (making all bureaucracies — another Progressive subversion of our system– unconstitutional by definition).  The President has no — ZERO authority to make law.  He cannot do it by executive order or by any other means.  Anything that carries the weight of fine, fee or imprisonment must be backed by a law (this includes unconstitutional regulations passed by the bureaucracies).  If it is a law, or carries the force of law, then the President cannot create it — period!  Therefore, none of Obama’s executive orders are law and can be ignored.  If the government tries to enforce them, it and not the citizen is acting illegally.  It is this simple.

Now, why does all this matter?  Because, through a long, ‘progressive’ process of passing unconstitutional laws and court rulings upholding them, and by changing existing laws by ignoring the recorded spirit of the law and twisting the plain meaning of language, the federal government has usurped the just authority of the States and the People of America.  This destroys the rule of law.  If the meaning of a law can be changed because a politician or judge changes the meaning of its language, then there is nothing stopping the town lunatic from demanding you treat him as “Master of the Universe.”  So long as he has the means to force you to do so (i.e. a weapon or an army of followers…like federal soldiers, which are also unconstitutional), then he can claim the legal right to do so and you have no recourse.  By the reasoning running this nation today, you would have to acknowledge the lunatic as “Master of the Universe” or risk the government’s punishment.  In the case of this government, that is running anywhere from seizure of all assets without trial to murder without warning — and yes!  In the last two decades, all of these things have been done to Americans by this federal government — and more than once.

So, the Truth — though painful — is inescapable:

America is no longer under the rule of law.  We live under the rule of men.  The rule of men is another term for tyranny — which is exactly what progressive, Woodrow Wilson, wanted: an elected dictator (he specifically said so, look it up).

Oh, and one last thing:

CONGRATULATIONS! 

YOU AND I ARE THE GENERATION THAT LOST MAN’S LAST CHANCE FOR FREEDOM ON THIS EARTH!

ANOTHER ASIDE: When our founders found themselves in a similar situation — faced with a government that had ignored them for decades — they revolted and claimed the authority of Natural Law under the Supreme Judge of the Universe.  That legal system is eternal, and still in force…and still available for appeal — IF we do it correctly.  But understand, appealing to the Supreme Judge of this Universe requires we humble ourselves and turn back to Him FIRST!  Otherwise, He will judge…against us!