Justice Brett Kavanaugh and the American Rule of Law

October 6, 2018

Brett Kavanaugh and the Democratic Party How our American Family is Divided Between Two Opposing Worldviews and What We Can Do About It.

Second in a Five-part Series

Justice Brett Kavanaugh and the American Rule of Law.

We the People,

The Rule of Law

Today has been a monumental day in the life of our American family with the Senate confirmation of and then the swearing in of Brett Kavanaugh as a Justice on The Supreme Court of the United States of America, Justice Brett Kavanaugh. Recently Justice Brett Kavanaugh used the phrase “the American Rule of Law.”

When we hear the phrase Rule of Law, we should ask: “What Law!”  Why is the Rule of Law important?  Two important questions. First, the Rule of Law, begs the question of: “By what authority and who did they get it from are they making and enforcing their Rule of Law? Second, how do we determine if the law is a just or unjust law?

Our Founding Fathers answered these questions in the Declaration of Independence.

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. 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.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

The Original American Rule of Law

In The Declaration of Independence we can know our Founding Fathers revolutionary way of thinking, their worldview. For there to be true liberty, freedom, any of man’s laws must be in agreement with the Laws of Nature-natural law and Nature’s God-moral law and the Creator endowed unalienable rights of the people. The people establish their form of government and delegate to it limited authority.  Government formed by the people is to govern, rule by the consent of the people.

In the original words of our Founding Fathers in the Declaration of Independence, they acknowledge the origin of their law-making authority, their accountability and the necessary consent of the governed.  They declared:

That the origin of their law-making authority is received from being under accountability to the authority of the Laws of Nature and Nature’s God and the Creator endowed unalienable rights of the people and that the government is to govern by the consent of the people.

They declared that for a law to be just, it must be in agreement with the Laws of Nature and Nature’s God and the Creator endowed unalienable rights of the people. Because they were in agreement with the Rule of Law of the Laws of Nature and Nature’s God and the Creator endowed unalienable rights of the people, our Founding Fathers causes were just. These are the foundational principles of the Rule of Law that were later the basis for our Constitution, our Constitutional Republic, Rule of Law. One cannot separate these principles of the Rule of Law anymore that one can separate breath from life or the fragrance from the flower.

From the Declaration of Independence, we find the original American Rule of Law:

The Rule of Law is for any law to be just, that law must be in agreement with the Laws of Nature and Nature’s God and the Creator endowed unalienable rights of We the people.

The American Bar Association through its World Justice Project defines the Rule of Law as:

The rule of law and the ABA World Justice Project. In 2007, ABA President William Neukom established the World Justice Project. The World Justice Project recognizes the problem that “the ‘rule of law’ is a frequently used term that is rarely defined.” One goal of the World Justice Project is to develop a broadly accepted definition of the rule of law that could be used to measure adherence to the rule of law both in the United States and abroad. Based on the belief that the rule of law is a prerequisite for building societies that offer opportunity and equity to all their citizens, the World Justice Project proposes to use its definition of the rule of law to create an index that will measure how nations around the world are—or are not—following the rule of law. The World Justice Project has proposed a working definition of the rule of law that comprises four principles: 1. A system of self-government in which all persons, including the government, are accountable under the law 2. A system based on fair, publicized, broadly understood and stable laws 3. A fair, robust, and accessible legal process in which rights and responsibilities based in law are evenly enforced 4. Diverse, competent, and independent lawyers and judges

In a review from the first of this five-part series, the two conflicting worldviews were defined as the Progressive worldview of the Democratic Party as written in their 2016 Democratic Party Platform which rejects the Declaration of Independence and the Constitutional Republic and the Rule of Law. And the opposite Originalist-Constitutional worldview of the Republican Party as written in their 2016 Republican Party Platform which embraces both the Declaration of Independence and the Constitutional Republic and the Rule of Law.  With completely opposite worldviews, each of these political parties have a fundamentally different meaning of the phrase the Rule of Law.

Progressives and the Rule of Law

For the Progressives, Democrats, the phrase the Rule of Law means that the laws are to be rewritten by the rule of the people, majority rule-mob rule as often as the social and economic conditions evolve in each generation. They reject the fundamental Rule of Law of our civilized nation of the accused being innocent until proven guilty and being given a trial through due process for equal justice under the law in a decent and orderly manner.

Progressives are accountable only to themselves and the laws that they choose to make. They are not accountable to We the People or The Laws of Nature and Nature’s God and our Creator endowed unalienable rights. From the Progressives we are witnessing mobocracy in full display.

In Progressivism, the rule of law is in a constant state of evolving according to whatever the ruling cultural elite determine the rule of law to be in any given situation. This being in direct conflict with our Founding Father’s objective worldview that rights, unalienable rights are endowed to us by our Creator and are only being exercised justly when they are being exercised within the Rule of Law under accountability to the Laws of Nature and Nature’s God.

Progressivism, then is a pseudo-legal system of situational ethics where right and wrong is determined subjectively to the advantage of those in “control” who make up the Rule of Law as they go evolving their rule of law to suite their mobocracy agenda.

Progressives’ rule of law is that the ends justify the means in doing whatever it takes to keep and or gain more control. For Progressives it’s all about the power of “control” by all means.  Therefore, they reject a Constitutional Republic authority with its defined just accountability standard of Rule of Law.

Progressives have been for decades progressively transforming our culture away from a Constitutional Republic, Rule of Law and are still doing a good job of transforming our Nation into a democratic culture where majority rule is the name of the game, not the Rule of Law.

Justice Kennedy and The Rule of Law

When we [Americans] talk about the rule of law, we assume that we’re talking about a law that promotes freedom, that promotes justice, that promotes equality. —U.S. Supreme Court Justice Anthony Kennedy, Interview with ABA President William Neukom (2007)

Justice Kennedy suggests that the rule of law has taken on special meaning for the people of the United States, based on our history of looking to the law to fulfill the promises of freedom, justice, and equality set forth in our nation’s founding documents. As will be further discussed in Part II of the Dialogue, our understanding of the rule of law in the United States did indeed develop around the belief that a primary purpose of the rule of law is the protection of certain basic rights. The United States Constitution represented the first effort by a nation to establish a written constitution of laws that would bind the government and guarantee particular rights to its people. Today, the rule of law is often linked to efforts to promote protection of human rights worldwide.

Let’s All Get On the Same Page

In agreement with our Founding Fathers and The Declaration of Independence the Republican Party is the political party of the true Constitutional Republic, Rule of Law.

The Rule of Law is for any law to be just, that law must be in agreement with the Laws of Nature and Nature’s God and the Creator endowed unalienable rights of We the people.

 

The American form of government is a Constitutional Republic with the Rule of Law. The American form of government is not a Democracy of the rule of the majority, mob rule-mobocracy. For your viewing and listening pleasure watch this short video on the five forms of government. (https://www.youtube.com/watch?v=FDS1OHk7Lf8)

In God We Trust

Next: Liberty and Lawlessness and The Rule of Law

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