Congress Hall Cafe
Debate and Law Making
The Statute of Carlisle: “Our lord the king, after full conference and debate had with his earls, barons, nobles, and other great men and the commons of his kingdom, touching the premises, by their whole consent and agreement hath ordained and enacted, that the ordinances and statutes aforesaid, under the manner, form, and conditions be…inviolably observed.” Sdocs 91
Private Wealth and Public Debt
Vattel says the individual property of the citizen of one nation can be taken away by another nation as reprisal for injustice and unpaid debt. The wealth of individuals is accounted as the wealth of the whole nation and is subject to the payment of the overall debt of the nation. 461.2
Hooker says that government is established and rulers created and submission is offered so that mutual grievances, injuries and wrongs be removed and peace, tranquility and a happy estate established. 89
Taxation by Representation
De Talligo non Concedendo: “No tallage or aid shall be laid or levied by us or out heirs in our realm, without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses, and other freemen of the realm” sdoc88 1297 AD
Hooker says there are two foundations for the creation of public societies. First, the desire for a sociable life and fellowship, and second, an order expressly or secretly agreed upon by the member in the manner of living which is the law of the commonweal. 87
Vattel “We know that the duties we owe to ourselves are, generally speaking, paramount to those we owe to others…” 454
Paul “But if anyone doesn’t provide for his own, and especially his own household, he has denied the faith, and is worse than an unbeliever.” 1 Tim. 5:8
Quote from Writs of Summons to Parliament “As a most just law, established by the careful providence of sacred princes, exhorts and degrees that what affects all, by all should be approved.” Date 1295 – s.docs 82
Psalms 2.12 “Kiss the Chosen One, lest He be angry, And ye lose the way, When His anger burneth but a little, O the happiness of all trusting in Him!” Note: A ruler could extend his peace and protection by conferring his grace with a kiss of peace.
John Salisbury says the sun shine over the whole world so that the world may be seen and discerned and the prince is another sun when he acts rightly. In Egypt, Ra was the name given to the sun and in his daily course the sun vanquished darkness before the ray of the sun. The sun is the representation of right over wrong and truth over falsehood. (BD CXVII). When Jesus say be the light, he means having the wisdom of truth to illuminate and vanquish the darkness. In the light of truth are principles of liberty while in the darkness are principles of tyranny. Those principles fill the soul and accordingly reveal themselves in the voice, eyes and actions of the soul.
Political Lesson from Jesus on removing evil public servants.
Paul: “For even as we have many members in one body (community), and all the members don’t have the same function” Rom 12:4
Jesus: “If your eye causes you to stumble, pluck it out, and cast it from you. It is better for you to enter into life with one eye, rather than having two eyes to be cast into the Gehenna of fire. “ Matt. 18:9 9See Jon Sal page 141]
ARE YOU AN ENEMY OF JESUS CHRIST ON ELECTION DAY?
Christians can only vote for those that Jesus would vote for otherwise we will be in opposition to Jesus and become his enemy. Jesus would only vote for those who know the commandments and lived by them. “Whoever, therefore, shall break one of these least commandments, and teach others to do so, shall be called least in the Kingdom of Heaven; but whoever shall do and teach them shall be called great in the Kingdom of Heaven.” Matt. 5-19
James Madison: “The preservation of a free Government requires not merely, that the metes and bounds which separate each department of power be invariably maintained; but more especially that neither of them be suffered to overleap the great Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The People who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are slaves.” Remonstrance
Socrates says that there are as many types of constitution are types of men for the momentum and weight of human character draws other things after them. Rep.774.
Cicero “For the chief purpose in the establishment of constitutional state and municipal governments was that individual property rights might be secured. For, although it was by Nature’s guidance that men were drawn together into communities, it was in the hope of safeguarding their possessions that they sought the protection of cities.” B2.73
Chief Justice John Marshal “The good sense of the public has pronounced without hesitation that the power of punishment appertains to sovereignty, and may be exercised, whenever the sovereign has a right to act, as incidental to his Constitutional powers. It is a means for carrying into execution all sovereign powers, and may be used although not indispensably necessary. It is a right incidental to the power, and conducive to its beneficial exercise.” McC
Note: Chief Justice Marshal found the sovereign right to exact punishment for criminal violations in the “good sense of the public.” However, Marshal fails to pinpoint the legal source of that ‘good sense.’ The sovereign power to punishment is not a man made right but a divine right granted from the Divine Superior to the inferior. The divine grant is originally founded upon Genesis 9: 5-6 “I will surely require your blood of your lives; at the hand of every animal I will require it. At the hand of man, even at the hand of every man’s brother, I will require the life of man. Whoever sheds man’s blood, his blood will be shed by man, for God made man in his own image”, and later this grant expands through the various laws given to Moses and by the gospels. This divine grant is incorporated into the American sovereign states and general government through the very words of God, Creator, Supreme Judge of the Declaration of 1776.
Vattel “A treaty, in Latin foedus, is a compact made with a view to the public welfare by the superior power, either for perpetuity, or for a considerable time.” 338
Note: Foedus means treaty or agreement. Of the two parties of the covenant, one is superior and one inferior. The superior party of the US Declaration of 1776 is God, Creator and Supreme Judge and the inferior party is the people and their public and private institutions. The superior party of the US Constitution is “We the People” who declare Jesus as “our Lord” and the inferior party are the representatives, agents and magistrates who are called to serve in offices of public trusts for the public welfare.
Enumerated and Limited Powers
Sidney “…for if all princes without distinction, whether good or bad, wise or foolish, young or old, sober or mad, cannot be entrusted with an unlimited power; and if the power they have, ought to be limited by law…”389
Sidney “Men are so subject to vices and passions, that they stand in need of some restraint in every condition; but most especially when they are in power.” 390
Sidney “And those very men who have lived modestly when they had little power have often proved the most savage of all monsters, when they thought nothing able to resist their rage.”390
Oath of Fealty
Deuteronomy8:2 “You shall remember all the way which Yahweh your God has led you these forty years in the wilderness, that he might humble you, to prove you, to know what was in your heart, whether you would keep his commandments, or not.”
Socrates says just as men conduct colts to noises to see if they are liable to be frightened, so it is a good policy for the youth, future guardians of the state, to be tested even more carefully than men do gold in the fire, to see who remains immune to witchcraft…a guardian to himself and the culture which he has received.
Note: The Oath of Fealty is a threshing floor public service, but the teaching, testing and examination begins with entrance into a tithing.
Separation of Powers Doctrine
Deuteronomy 17:18-20 “It shall be, when he sits on the throne of his kingdom, that he shall write himself a copy of this law in a book… It shall be with him, and he shall read from it all the days of his life; that he may learn to fear Yahweh his God, to keep all the words of this law and these statutes, to do them…”
Notes: In Deuteronomy 17:18-20 the king ( executive branch) does not make law but is under law. He is to enforce the law. It is a republican principle of liberty that the legislature makes law and the executive executes the law. This is known as the separation of powers doctrine. Repugnant to this rule is having any one branch of government make and enforce law. The US Constitution expresses the separation of powers doctrine in Article I and Article II.
Exodus 19:8 “All the people answered together, and said, “All that Yahweh has spoken we will do.”
John Locke “The majority having, as has been showed, upon men’s first uniting into society, the whole power of the community naturally in them, may employ all that power in making laws for the community from time to time, and executing those laws by officers of their own appointing.”Second Treaties 157
Note: It was the majority that ordained Yahweh’s covenant. This majority created and formed the nation of Israel by its agreement with the Lord God. The binding force of the law by the majority can be seen in Israel’s rebellion where the Great Executive declared a right to punish Israel (Ex.32.10), but God was restrained by Moses’ council who himself directed the punishment for violating the law of the majority (Ex.32:28).
Exodus 19.:8 “All the people answered together, and said, “All that Yahweh has spoken we will do.”
The liberty of ancient Israel was the right to give “consent” to the laws and form of government they were to live under; this is the definition of liberty – slavery is living under a form of government and a system of laws without one’s consent. God Himself had to gain consent in order to establish His law and covenant.
Grotius”Being left free, implies that the people should enjoy their own laws.” pg138
Zoning Ordinances & Eminent Domain
Genesis 1:28 ” God said to them (man), “Be fruitful, multiply, fill the earth, and subdue it. Have dominion over the fish of the sea, over the birds of the sky, and over every living thing that moves on the earth.”
Note: God gives dominion to mankind over the material earth “subdue the earth” and its natural resources including fish, birds and living things that move. In the State of Nature all property and natural resources exists in common ownership and private ownership is acquired by possession. In civil society, common property becomes public property, and private property is inalienable. But the people as sovereign for health and safety reasons may take by purchase private property for the public use.
Rutherford “Nature’s law in extremity, for self-preservation, hath rather a prerogative royal above all laws of nations and all civil laws” Lex Rex pg67.2
When civil authorities or the people themselves use the power of eminent domain to seize private property without the consent and then give that property to other private persons for community redevelopment or when eminent domain is used for bailing out government debt and not for health and safety they violate the law of God ” Do not steal” and the case law of King David. When King David purchased a plot of land in order to build a public structure, God’s temple, he first gained consent from the owner and purchased the lot at an equitable rate.
Checks and Balances
Plato’s Republic “When gaining power through a public office, he will labor at injustice to the extent of his talents.” 613
Daily Advertiser (New York) 1787 ” (new US Constitution)…which at once gives a power that will be efficient and adequate to the support and happiness of the Confederation; and , at the same time, so guards and checks the administration of it, that there will be little danger of running into a lawless Democracy, on the one hand, or of the Sovereign authority degenerating into Tyranny, on the other.” 14
Example: King David, writer of great psalms, as king over Israel, he committed adultery when he took the wife of a faithful soldier. He then murdered the soldier to cover his transgression. Although, Israel was a constitutional monarchy and King David was under the law of Moses, there was neither a system of justice or an impeachment process in Israel to hold King David accountable, and King David failing to fear God or punishment made a personal decision to act upon his criminal passions. Today, in America, we can see the same results. As the Supreme Court, Congress and many the States work to remove the civil punishment against adultery, fornication, murder (abortion, euthanasia), homosexuality, illicit drugs, and prostitution, we see the increase of these acts. The fear of God which is the fear of punishment, civil and eternal, is removed and once removed, the door is extended open to criminal passions by those who’s innate moral sense is easily seduced by such temptations. A higher law over the opinion’s of man saves by the reprobate by the threat of punishment.
Vattel in the Laws of Nations writes, “..if vineyards are multiplied to too great an extent in a country which is in want of corn, the sovereign may forbid the planting of the vine in fields proper for tillage..” pg 136
“One Nation Under God”
Rutherford “…in regard he (king or civil magistrate) hath his power and royal authority which he exerciseth as king from the people under God, as God’s instruments; and therefore, the king and parliament give out laws and statutes in the name of the whole people of the land.” Lex Rex pg70
Liberty of Conscience
Matthew 19:16-19 “Behold, one came to him and said, “Good teacher, what good thing shall I do, that I may have eternal life?” Jesus”…But if you want to enter into life, keep the commandments.” He said to him, “Which ones?” Jesus said, “‘You shall not murder.’ ‘You shall not commit adultery.’ ‘You shall not steal.’ ‘You shall not offer false testimony.’ ‘Honor your father and your mother.’And, ‘You shall love your neighbor as yourself.’”
Thomas Jefferson “…our own reason is the only oracle given you by heaven, and you are answerable, not for the rightness, but the uprightness of the decision.” 433
Genesis 15:18 “In that day Yahweh made a covenant with Abram, saying, “I have given this land to your offspring, from the river of Egypt to the great river, the river Euphrates..”
Note: Jurisdiction is a divine principle. It declares the right to speak, that is establish and enforce, law. This is the importance in establishing clear and recognizable national and state boundaries. Without boarders jurisdiction cannot be clearly established and the right and justice can not be entertained without conflict and confusion.
Limits of the People
“Nemo potest dare quod non habet.” Translated, “No one can give what he has not.” Lex 81
Note: God delegates to the mankind authority to rule over the natural resources of the earth Genesis 1:28. The defining of right and wrong and good and evil God never delegates to mankind but brings mankind under His law and thus under His definition Deuteronomy 4:2.
Justice Frankfurter concurring opinion Francis v. Resweber: “applications of fairness and justice”… They are not the application of merely personal standards, but the impersonal standards of society which alone judges, as the organs of Law, are empowered to enforce.”
Note: James Wilson says that custom is the law that is mutually agreed upon by all the people within society. Plato says customs are rivets of society..one sort (positive law) will not be permanent without the other (customary law).1366. Justice Frankfurter explains that the Due Process of the Fourteenth Amendment is adjudicated (substantively) on the policy of fairness and justice as determined by the standards of society. This is an astonishing concept and explains the shaping and forming of judicial decisions of late. According to Frankfurter, the Supreme Court’s sense of fairness and justness is not based on immutable concepts of right and wrong and good and evil according to God as Creator and Supreme Judge as our national charter the Declaration dictates but is judicially guided by the current immutable notions of society. History proves that societies change and not always for the better but more likely toward corruption. Of course without a divine compass, an unyielding law from above, the Court will move with social tendencies. This explains two opinions of the Court – Roe v Wade and Lawrence v Texas – that has turned America in raging fire. American society has become less enlightened than the founding generation and as the growing darkness covers the necessity of God’s immutable laws and wisdom, the Court continues to sanction the evil inclinations of a darkened society. Only by standing upon the divine law of America’s social compact the Declaration can the Court become a light against the darkness and stand as a bulwark against evil.
Delegation of Sovereignty
Note: As the celestial orbs, small and large, reflect the light of the sun, so the sovereignty in the people delivers to their Republic a reflection of the authority emanating from God of Lights.” Gen.1.27
Emer De Vattel writes in The Law of Nations wrote, “The first general law that we discover in the very object of the society of nations, is that each individual nation is bound to contribute every thing in her power to the happiness and perfection of all the others.” Basically, Vattel uses the biblical principle of “love your neighbor” in an international context. If a nation has the means to offer aid or give support that will render improvement to a foreign nation that nation has a sacred obligation to perform such duties. Additionally, he goes on to say that their are long habitual customs between nations that establishes a right, also, there is the right of common property based on the law of nations. According to the law of nations, it is the right of individuals as well as nations to access and use common property or that property remaining in the state of nature that know no one can rightfully possess such as air, oceans, and untameable creatures. In the case before us, the people in Singapore and Malaysia dealing with air pollution from neighboring nation have the common right to the air they breath, but they also have by custom and long usage an additional right to breathe clean air.