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America is truly blessed. But with this blessing, as with all blessings, comes a responsibility. America has a huge responsibility to the world. Why?

 

It is not because America is wealthy and powerful. It is because of how America acquired it’s power. America is a unique nation. Few nations of the world have the blend of people that we have. America is composed of people from all over the world. Other nations have a blend of different races, religions, and historic nationalities. But none of them have them have, or ever will have, the integration we have achieved. America, as a new found land, had the opportunity to develop and show to the world how people who are not united by race, blood, language, religion, culture, history, or even geographic boundaries can live together and prosper in peace. There is only one thing that unites the people of America and that is the principles and ideals expressed in the Declaration of Independence and the Constitution of the United States.

 

It is called egalitarianism. That is; the idea that all people are equal and entitled to equal political, equal social, and equal economic rights. This is an ideal that cannot be achieved in actual practice. There will always be inequality among the people. But complete equality in terms of wealth and influence was not the objective. The objective was stated as a government whose purpose was to provide all with equal opportunity for life, liberty, and the pursuit of happiness. It is the pursuit of a society that was as egalitarian as possible that was established as the overarching purpose of our social order. That is what is meant by the pursuit of happiness.

 

How did America go about it’s pursuit of the happiness of an egalitarian social order? First; By establishing the Constitution as the Supreme Law of the Land. As long as it remains the Supreme Law America will remain united, prosperous, and enjoy and continuation of it’s preeminent status of power in the world. The Constitution is not the Supreme Law of the Land. It’s ability to be the Supreme Law is limited by the ability of humans to exercise honor in the use of authority given to them by the Constitution. Honor is, unfortunately, more limited then we care to admit. Usually it takes a distant second seat to the self-interest of those in positions where honor is most required.

 

The Constitution begins with “We the People”. It is unique in comparison to the documents that have been used to establish the law of previous and other nations. It holds that the people are sovereign, that is, the ultimate power. There is no King or Aristocracy with the power of feudal lords. Each individual is a part of the sovereign power. Each has inalienable rights that are self-evident and superior to any other authority including the authority any may have under the Constitution. This is because the Constitution is a grant, by the people, of limited authority to the government it established.

 

The closest we can come to securing equality for all is to insure equal application of the law of the Constitution. The law is what both frames the responsibility and the limits of our government. But it is only a law and law is only words unless the words are backed by the power of enforcement. It is either enforced by the honor of those who have acquired authority under the Constitution or the people, through threat of other means, enforce it. This is all that protects us from a lawless government.

 

You must understand this. The Constitution is only a law. The Constitution is the only thing that unites us. Therefore; the only thing that unites us is the law.

 

But is the Law what we think it is?

 

Among the legal philosophers throughout history we see 2 approaches to the law. There is the law as it should be. Then there is the law as it is in practice.

 

The citizen is taught what the law should be. It is presented as the law. The lawyer learns the law as it is. This creates a great difficulty for the citizen leading to much difficulty and anguish. Inevitably in the course of his lifetime he encounters what he feels to me an injustice and, believing he has an idea of what the law is he goes to a lawyer. . The lawyer usually does not help. He provides the client with more of the specifics of the law. These are the legislative acts set forth in Codes designed to tell all what the law is. But they, too, are nothing more than what the law should be.

 

The client then gives the lawyers his money and they proceed to Court. He goes to Court full of the idea of what the law should be only to become brutally aware of what the law is in practice. He usually gets nothing for his money but anguish, grief, and requests for more money. In the end there is no justice and the lawyer puts the blame on the client. There just was not enough money to take the case as far as needed to secure justice. They will usually try to console the client by pointing out the expense and grief they caused the other side. It is usually true. The other side has also put a large amount of their money into the pocket of their attorney. Both attorneys win and both clients lose.

 

But, if the citizen is lucky, this is the worst of his experiences with the law as it is. Should he be unfortunate enough to cross someone with police powers, or ability to access police powers, he is in for an even greater surprise in contrast between what the law should be and what it is in the reality of the American system of justice.

 

It is then that he learns there are two kinds of law. There is the written law of the Constitution which is the law as it should be. Then there is the unwritten law that is, in reality, the only real law. The unwritten law is pure power and completely trumps any and all law that may be in writing. Forget about honor. It does not exist.

 

 

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