Uncle Hyena (unclehyena) wrote,
Uncle Hyena
unclehyena

A New Key

"A New Key"

I had an interesting thought the other day...

I am an amateur Constitutional scholar, and I am good enough at it that I have beaten credentialed lawyers on occasion. I have long been of the opinion that, while many judges are certainly willing to pervert Justice in the name of Law, most will do the right thing if the case can only be presented in a reasonable fashion, if they are given an excuse to do what they know to be right without violating the "Rule of Law".

The other day I was thinking about the structure of law in these United States, and realized the following: All local law in any state draws its authority from its state constitution, and (since the 14th Amendment, anyway) all state constitutions draw their authority from the US Constitution. This is hardly earthshaking. My epiphany was to realize, for the first time, what the preamble actually was: a statement of scope. The US Constitution, and by extension all law in the US, exists within the parameters of the Preamble... or it is invalid.

Why is this important? Because it collapses all of the millions of words of US statute and case law into five simple clauses: Perfect the Union. Establish Justice. Provide for the common defense. Promote the general welfare. Secure liberty. And suddenly Liberty is on the footing it is supposed to have, not buried in obscure language. All a citizen needs to say is that a law is offensive to the concept of Liberty, and it becomes incumbent upon the government to PROVE that the law in question is NECESSARY, or the law is VOID, because Liberty has equal footing with the other four concerns.

To my knowledge, this argument has never been tried before, and if properly and legitimately presented, it should be unassailable.

Freedom, anyone?

Paul Haynie
June 20, 2001
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