Archive | September 2012

Law of Nations

The Law of Nations, which governs how one nation relates to another, was so much a part of our founding culture that the framers of the Constitution only referenced it once in the Constitution, in which it states: “To define and punish piracies and felonies committed on the high seas and offences against the Law of Nations.”[1] Although, only referenced once in the Constitution it was referenced thirteen times, according to Madison’s notes, by Constitutional Convention delegates during the Constitutional Convention and Supreme Court Justice Joseph Story in his Commentaries on the Constitution referenced it numerous times when expounding on Constitutional clauses dealing with foreign policy. Additionally, one can also see evidence of the Law of Nations articulated in George Washington’s farewell address, the Monroe Doctrine, in every President’s Congressional request for a declaration of war until the Civil War, and in other writings of our founders. The absence of a declaratory statement identifying the Law of Nations as the foundation of American foreign policy should not be taken to mean that its tenants are any less binding today. Just like English Common Law was the foundation upon which the Constitution was written, so too is the Law of Nations the foundation upon which the framers defined the foreign policy powers delegated to our national government from the people.

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Fixing Public Education

The Chicago Teacher’s Union strike, in September of 2012, is yet another reminder of how unproductive our public education system has become. Over 400,000 students had to stay at home while the teacher’s union and teachers held Chicago hostage for a 25% increase in salary and a halt on teacher performance standards. If those demands were not greedy enough by themselves, they came on top of the fact that Chicago teachers were already the highest paid in our nation. Their average salary at the time was approximately $76K per year while the tax payer, who has to support them, averaged only around $46K per year.

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Ruled by Man Not by Law

America’s legal system has been set adrift on a sea of unfounded personal opinion by modern legal scholars. In the last fifty years or more, most judges in America examine case histories to find precedents that allow them to make rulings based on their humanistic opinion of how society should function. This practice is equivalent to discarding all standards of measure and asking judges to estimate the length of a yard every time there is a dispute, which they will never do with precision or accuracy. In this way laws are imposed upon society, because they are not passed through Congress whose members are elected to represent the people, and the rule of law is replaced by the rule of man.

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This entry was posted on September 10, 2012, in Law. 2 Comments

Is Religion the Foundation of Justice and Law?

Atheists in America complain that having the Ten Commandments as the foundation of American law is an imposition of religion upon them. However, religion, justice and law are inseparably linked, because justice and law are always based on religion. The logic connecting these concepts is found in the dictionary definitions of each and the understanding of how societies form around common ideas.

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