Free Republic
Browse · Search
Topics · Post Article

Skip to comments.

"Commentaries on the Constitution of the United States,"
"Commentaries on the Constitution of the United States," Volume II, Chapter XIII: Mode of Passing La | Justice Joseph Story

Posted on 01/08/2013 10:36:28 AM PST by Child-In-Time

"Nay, it [this constitution of government] must perish, if there be not that vital spirit in the people, which alone can nourish, sustain, and direct all its movements. It is in vain, that statesmen shall form plans of government, in which the beauty and harmony of a republic shall be embodied in visible order, shall be built up on solid substructions, and adorned by every useful ornament, if the inhabitants suffer the silent power of time to dilapidate its walls, or crumble its massy supporters into dust; if the assaults from without are never resisted, and the rottenness and mining from within are never guarded against. Who can preserve the rights and liberties of the people, when they shall be abandoned by themselves? Who shall keep watch in the temple, when the watchmen sleep at their posts? Who shall call upon the people to redeem their possessions, and revive the republic, when their own hands have deliberately and corruptly surrendered them to the oppressor, and have built the prisons, or dug the graves of their own friends? Aristotle, in ancient times, upon a large survey of the republics of former days, and of the facile manner, in which they had been made the instruments of their own destruction, felt himself compelled to the melancholy reflection, which has been painfully repeated by one of the greatest statesmen of modern times, that a democracy has many striking points of resemblance with a tyranny."

– Justice Joseph Story, "Commentaries on the Constitution of the United States," Volume II, Chapter XIII: Mode of Passing Laws, Sections 900-901, pp. 364 (1833)

TOPICS: Chit/Chat

1 posted on 01/08/2013 10:36:34 AM PST by Child-In-Time
[ Post Reply | Private Reply | View Replies]

To: Child-In-Time

You know the amazing thing?—(well, it is not amazing to me because I study the intentional destruction of the American education system by the Fabian Socialists and Cultural Marxists—John Taylor Gatto’s book started me in that direction a decade ago and I have documented his claims with dozens of other experts.)

Last summer, I was talking with a graduate of Stanford Law School and they had never HEARD of Justice Joseph Story, nor had they a clue about who John Austin was. This person had graduated with high honors!

Dennis Prager stated it once-—and I totally agree!!!—that the longer a person is in the American indoctrination system-—the stupider they are.....The universities intentionally destroy Common Sense and Reason.

The fundamental principles in Rule of Law comes from Natural Law Theory (Civil Liberties, Natural Rights from God)-—another thing which is eliminated in American Law schools. Law graduates are some of the most irrational thinkers out there-—because they are not taught Logic and Reason-—which is necessary for Just Laws. Aristotle, Cicero, John Locke, Adam Smith, St. Thomas Aquinas, Blackstone have to be studied and understood to understand the Constitution and our unalienable Rights from God.

Common Law is studied somewhat-—but they strip it of its Christianity—which is the only reason English Common Law existed-—the ideas of individual dignity of every single human being. Christianity is essential in American Law because its basic principles come from Christian’s perception of Natural Law Theory so beautifully written about by St. Thomas Aquinas.

They are taught that arbitrary laws are Constitutional—which is what they had in Nazi Germany and Stalin’s Russia—along with the plank in Stalin’s Constitution-—Separation of Church and State which never existed in ours.

This concept of Separation is used to destroy Virtue-—create moral relativism which is incompatible with a country where Rights originate with God—Absolute Truths. We can’t have “arbitrary laws” which mean there is no Right and Wrong—just how someone feels—or who has power. That philosophy is Hitler’s and Stalin’s-—and removes God and Right Reason from Just Laws-—an impossibility!!!!

It is NOT possible to separate Faith and Reason-—never has been until the 19th century irrational Postmodernists appeared and said they could (Marx and Darwin, etc.) Funny thing is-—our Constitution was created by Rationalist Christians (that is NOT an oxymoron as CS Lewis stated. Faith exists in everyone’s Worldview.)—who based law on Right Reason according to Natural Law which is based on the concept of Absolute Truth (God) which is known through Revelation and observance of Natural Laws (Logic).

If there is Absolute Truth—there can be no “arbitrary laws” created which can exclude Revelation and the teleological ends of a human being.

The Natural Equal Rights inherent in the Natural Family Unit is imperative to make sure all children are treated according to God’s Design—and are not to be sold or treated like “property”. This demands “marriage” laws which promote stable family units which consist of one woman and one man—to make it inclusive and equal. Any other set-up is unequal or excludes half of the human race, so is sexist. The system needs to promote the general welfare—and all of history has proven over and over that the safest and best system to transmit Virtue to the next generation (only reason for education) is a biological mother and father who has a genetic interest in the child. All other systems are artificial and inhumane if they deny the Natural Rights of a child. Government can not promote evil laws—unjust laws—Vice. They can not be Just Laws. (Justice is a Virtue).

Natural Rights-—all about the teleological end of human beings and unalienable Rights from the Judeo-Christian God (Revelation).

We need to demand Constitutional Laws-—as John Marshall stated (and again our legal scholars at Nuremberg Trials—Laws not based on Right Reason and Absolute Truth (Higher Law than man-made up laws) are unconstitutional. They have to be Null and Void!!!!! Judges have to throw out unjust laws. They are ethically required to do so, if they notice irrational thinking in laws.

There is NO Justice in convoluted thinking-—which is now standard (and unconstitutional) practice because law professor are deliberately teaching cr*p and destroying the Logic and Reason in their students.

2 posted on 01/08/2013 11:54:27 AM PST by savagesusie (Right Reason According to Nature = Just Law)
[ Post Reply | Private Reply | To 1 | View Replies]

To: savagesusie

They say the best law students are philosophy majors. Makes sense, since I’ve always thought logic is the basis of sound argumentation, and that’s most of what law is about.

3 posted on 01/08/2013 12:51:15 PM PST by Tublecane
[ Post Reply | Private Reply | To 2 | View Replies]

To: savagesusie

I don’t much care for Marshall, but okay. Under no circumstances, however, prop up the Nuremberg Trials as anything but a travesty. They represented a retreat into barbarity from the civilized system of international law built up in previous centuries. Or I should say a further retreat, since previous modern wars are settled barbarously, as well.

4 posted on 01/08/2013 12:57:15 PM PST by Tublecane
[ Post Reply | Private Reply | To 2 | View Replies]

To: Child-In-Time; All
A timely US Constitutional

thanks, for the post.

5 posted on 01/16/2013 8:49:06 AM PST by skinkinthegrass (who'll take tomorrow,spend it all today;who can take your income,tax it all away..0'Bozo man can :-)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794 is powered by software copyright 2000-2008 John Robinson