In light of all the challenges we face, I would like to ask a very important question. What country or organized group poses the greatest danger to America and the American way of life? Please answer as this will be the basis for an upcoming Idaho State Journal column. My good friend Lance Earl posed this question on Facebook and here is my response to his question.
The greatest danger to our nation today comes from within. 53% of all elected officials , who are lawyers. Since Marbury vs Madison the legal community has undermined and assaulted the very fabric of our nation. We have two types of laws being incorporated in America today. Common law which has its roots in the Bible and statutory laws which come from from man, specifically designed to curtail, restrict or deny the rights of individuals that are granted through common law.
Our Declaration of Independence declares our Unalienable Rights as humans as given from God.
These rights are unassailable and sovereign only for as long as we are a nation that fully embraces our Judeo-Christian heritage. John Jay well warned US that if we ever failed to only elect men of Christian persuasion that our liberty and our Republic would be in great danger. A very prophetic warning.
Our Constitution was very well constructed using the principles of common law. The constitution actually upholds the liberty and freedom of the people given in the Declaration of Independence. It laid out the framework to constrict and control the reach and control of the federal government. It also gave a framework for any future sovereign states as well as the original thirteen states who first formed our union to pattern their own state constitutions after.
By design the federal government was supposed to be the least restrictive and the least invasive in any and all actions that would threaten, restrict or curtail the liberty of the people except for well defined external threats against the nation as a whole. The states are less constrained in their own authority, however they are a huge step closer to the people who reside within them. The most restrictive governmental body by design is at the county and township level, where the the people could and would have the forum for immediate redress of any and all actions that impeded or restricted their own liberty. Societal mores, which are no longer taught or acknowledged, allowed communities to have more restrictive laws passed and enforced with their own consent. Under our system of government that is okay.
We have seen an ever increasing push from the federal level through Congress, through sitting presidents and sadly our federal courts. Activist jurists at all levels of the federal system today routinely ignore their own constitutional constraints and impose their will as law over the people. They have thoroughly ignored and bypassed the very tenets of a “Representative Republic” and are in too many cases “legislating from the bench” against the will of the majority. Restrictive laws, by our constitution, are required to come from the people up to the broadest levels of government. The federal government, in any of the three branches, does not have the authority to set local mores and values. Our government was formed with a bottom up order of authority, meaning the people having the most authority and the federal level the least influence, except in the case war being brought upon our nation.
Our federal government has clear and concise enumerated duties and restrictions placed upon it by the combination of the Declaration of Independence, the Constitution and the Bill of Rights. Nowhere in the Constitution does it allow for the Constitution to be altered or “interpreted” by judicial precedence. In fact the constitution clearly leaves the right to nullify unjust federal laws to the states through the full exercise of the 9th and 10th Amendments. Nowhere in the constitution does it give federal courts, up to and including the US Supreme Court, the authority that has become nothing more than de facto legislation from the bench. In fact all legislation is required to come from duly elected representatives of the people (House of Representatives) and the once duly appointed representatives of each sovereign state (US Senators).
Any power and or authority not specifically given as an enumerated right or duty to the federal government falls to the people AND the states. The peoples right to to nullify ALL laws lies in the jury system where citizens have the right and more importantly the duty to, by verdict, nullify any and all laws or ordinances that violate the common law liberties guaranteed to individual citizens. Too few in our nation know and understand this and too few will even exercise their duty.
Judicial “precedence” derived from statutory laws that are used to circumvent the constitution are by definition null and void. Here is a mind picture. Take a fish tank filled with fish and plants, as long as that the water in that tank has full and open access to air, they can and will all thrive in full freedom and liberty. That is your common law rights and liberty. Completely cover the water with a layer of oil that seals the tank from all air sources and see how long it takes for all life to cease and die. The oil is the effect and result of the excessive and unlawful application of statutory laws on the people. Lawyers, courts and legislatures full of lawyers have sold the lie that we are a nation of laws and that we are a nation of law abiding citizens for nearly two hundred years. Our common laws were put in place to precisely prevent any and all bodies of government from doing this to US.
Our Founding Fathers told US in multiple ways that it was our duty to be first self educated and thus have the ability to be self informed on both our liberty and the issues under debate in our halls of governance. Many layers of our federal court system have and still are attacking our rights and freedoms in both state and local government that they have no legal authority. Clearly we have several federal courts that have no constitutional authority to exist. The first two that come to mind are the FISA Court and the IRS Court. The IRS Court denies trial by a jury of one’s peers, a clear and open violation of individual rights. The FISA Courts has come about because we as a nation abandoned one of the tenets of our nation and a clear difference from nations before US, we conducted our foreign policy in the open. We also promoted foreign trade in a open and fair manner. These principles had much to do with our great rise to prominence throughout the world. Our word was once our bond.
The restoration of America comes down to identifying the root causes of our loss of liberty and freedom and our loss of stature and respect in the world. The root cause is that lawyers who comprise less than one half of one percent of our population now have and still are controlling the decline in all the halls of our government. In three elections we could solve this problem by immediately ceasing to vote for lawyers, who have with purpose and intent violated their oaths of office in all legislative and executive offices. The only way we can see true reform and the full restoration of government is to cease to let lawyers write, pass and enforce laws that violate the common law restraints in place to both protect and preserve individual liberty.
A few like minded groups have chosen to hub up with the Patriot Institute patriotinstitute.org and work together in educating the people of the true meaning of our Founding Documents. The limits and and enumerated duties at all levels of government and more importantly the duty of each citizen to every elected official to full and open account to their every action. Anything less than this will give the green light to the further erosion of our life, liberty and pursuit of happiness.
By Michael Bowman
Patriot Institute Columnist