Government by Judiciary: From Rule of Law to Social Darwinism

1. Government by Judiciary: From Rule of Law to Social Darwinism

3. 2005

4. Constitution Sovereign States United States of America Legislative Executive Judicial

5. The judiciary is beyond comparison the weakest of the three departments of power. No. 78

6. “a Bench”

7. Sir William Blackstone(1723-1780)

8. “Man as a creature must necessarily be subject to the laws of his Creator. This will of his maker is called the law of nature. No human laws are of any validity if contrary to this.” Sir William Blackstone

9. Cicero – 65 B.C. A legislative majority may pass laws that contradict the natural law, but “these no more deserve to be called laws than the rules a band of robbers might pass in their assembly.”

10. TNA 10/2/06

11. News Flash: March 23, 2005 • President Bush answered a reporter on the question of the North American Union, saying: “As to what kind of union might there be, I see one based upon… commitment to…democracy [and] rule of law.”

12. Rule of Law

13. Rule of Law Because the United States is a constitutional republic, both the people and their elected leaders observe the limitations imposed by a written Constitution which is solidly founded on “the laws of Nature and of Natures God”

14. or

15. Rule of Law Makers

16. Rule of Law makers • “Because the United States is a democracy, the majority of the people decide how our government will be organized and run. The people do this by electing repre-sentatives, and these men and wo-men then carry out the wishes of the people.” Department of Army Field Manual June 1952 TNA June 30, 1986

17. How did we evolve from “rule of law” to the “rule of law makers”?

18. Is that you, Grandma?

19. "Human Evolution"

21. “I see no reason for attributing to man a significance different in kind from that which belongs to a baboon or a grain of sand.”Justice Oliver Wendell Holmes

23. Beware of smooth talk! Liberty Forum Spring 2005

24. Warping the Constitution undermines the "rule of law." Fact:

25. “Constitutions are utterly worthless to restrain the tyranny of governments, unless it be understood that the people will, by force, compel the government to keep within the constitutional limits.” 1857

26. “Practically speaking, no government knows any limits to its power, except the endurance of the people.” Page 19 1857

27. Sophie Scholl: 1941

29. Reading from “The White Rose” • “…Why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another…” Germany 1942 The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to God’s will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present “state” is the dictatorship of evil. “Oh, we’ve known that for a long time,” I hear you object, “and it isn’t necessary to bring that to our attention again.” But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right — or rather your moral duty — to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to God’s will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present “state” is the dictatorship of evil. “Oh, we’ve known that for a long time,” I hear you object, “and it isn’t necessary to bring that to our attention again.” But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right — or rather your moral duty — to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to God’s will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present “state” is the dictatorship of evil. “Oh, we’ve known that for a long time,” I hear you object, “and it isn’t necessary to bring that to our attention again.” But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right — or rather your moral duty — to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to God’s will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present “state” is the dictatorship of evil. “Oh, we’ve known that for a long time,” I hear you object, “and it isn’t necessary to bring that to our attention again.” But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right — or rather your moral duty — to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to God’s will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present “state” is the dictatorship of evil. “Oh, we’ve known that for a long time,” I hear you object, “and it isn’t necessary to bring that to our attention again.” But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right — or rather your moral duty — to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to God’s will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present “state” is the dictatorship of evil. “Oh, we’ve known that for a long time,” I hear you object, “and it isn’t necessary to bring that to our attention again.” But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right — or rather your moral duty — to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to God’s will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present “state” is the dictatorship of evil. “Oh, we’ve known that for a long time,” I hear you object, “and it isn’t necessary to bring that to our attention again.” But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right — or rather your moral duty — to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to God’s will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present “state” is the dictatorship of evil. “Oh, we’ve known that for a long time,” I hear you object, “and it isn’t necessary to bring that to our attention again.” But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right — or rather your moral duty — to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days

30. John Marshall Chief Justice of the United States Supreme Court 1801 to 1835

31. The Doctrine of Judicial Review Power assumed by Justice John Marshall in the 1803 case of Marbury v. Madison whereby the court could invalidate statutes of Congress based upon the courts viewpoint of “original understanding” of the Constitution

32. True or False: “The Supreme Court has the final authority to interpret the mean- ing of the Constitution and determine if the law is being applied correctly and fairly.” Page 30, January 2006

33. Constitution Sovereign States United States of America Legislative Executive Judicial

34. The Fact of Legislative Supremacy Or in other words, the legislature has power over the executive and judicial branches. a. Congress controls the purse strings b. Congress has the power to create federal courts and hence the power to abolish them. c. Congress has the power to restrict appeals to the Supreme Court d. Congress can impeach rogue justices

35. On Restricting Appeals to the Supreme Court • Article III, Section 2 “The Supreme Court shall have appellate Jurisdiction… with such Exceptions, and under such Regulations as the Congress shall make.”

37. Pledge Protection Act of 2004:HR 2028 (passed 247-173) • “No court created by Act of Congress shall have jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide” cases pertaining to the Pledge of Allegiance. TNA October 18, 2004 p 44

39. J. Reuben Clark 1942

41. 1990

42. The Tempting of America: page 300 • How should a judge go about finding the law?

43. What does it mean to “be bound by oath to support this Constitution?” Page 174

44. 1996

45. 2003 “the Constitution is simply gone.” Lawrence v. Texas

46. Where did the Constitution go? As Joseph Sobran put it in his excellent essay, “How Tyranny Came to America”: “The United States Constitution poses no serious threat to our form of government today.”

49. ACLU founded 1920 • Roger Baldwin: • Socialist • Goals: destroy Christianity and capitalism • Four Communist on the founding board • Organizations in league with the ACLU: • People for the American Way • National Education Association TNA February 6, 2006 p31

50. Felix Frankfurter Co-founder of the American Civil Liberties Union 1920 Supreme Court Justice 1939-62