When Is A Law Law?

If you think that law is something that a judge can make just by deciding a case that comes before him, or if you think that law is something that a legislature can make just by passing a bill and sending it to a governor or a president for his approval, or if you think that a governor or a president can make law just by means of an executive order, then I would respectfully suggest that you are mistaken about the true source and nature of law.

What is law? Where does it come from and how can I know what it is and what it isn’t?

American law is based on the view that the moral law of the God of the Bible is controlling in all cases. In the Declaration of Independence, this moral law is referred to as “The Laws of Nature and of Nature’s God.”

When human beings, God’s creatures, draw up constitutions and statutes and ordinances and regulations, these enactments are dependent for their validity on their being in harmony with the moral law I just mentioned. If these man-made actions conflict with God’s moral law, then they are not law at all.

Here’s how Sir William Blackstone put it in his famous Commentaries on the Laws of England:

“Upon these two foundations, the Law of Nature and the Law of Revelation (The Bible), depend all human laws: that is to say, no human law should be suffered to contradict these.”

In the Declaration of Independence, Thomas Jefferson used the words “pretended legislation” to describe such vain enactments.

When our local officials, including County Councilmen and Sheriffs, confront such “pretended legislation,” it is their duty to resist its implementation.

Learn more about your Constitution with Michael Anthony Peroutka and his Institute on the Constitution and receive your free gift.

The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.

This post originally appeared on Western Journalism – Informing And Equipping Americans Who Love Freedom

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Comments

  1. MuslimLuvChrist says:

    Laws can be made by legislatures through legislation (resulting in statutes, far below average under obama), or the executive through decrees and regulations (far above average under obama).
    legislature: By the principle of representative government people vote (voter fraud under obama) for politicians to carry out their wishes (not obama’s).
    executive: The executive in a legal system serves as the centre of political authority of the State. The executive is led by the head of government, whose office holds power under the confidence (A motion of no confidence is a vote which states that a person in a superior position, is no longer deemed fit to hold that position (look at all recent polls on foreign policy). This is based on said person failing to carry out obligations (constitutional), or making choices that other members feel are detrimental (to National Security)) of the legislature. The executive branch is separate from the legislature to which it is not accountable (who finds these loopholes for obama?). In presidential systems, the legislature may occasionally pass motions of no confidence and may also have the procedure of impeachment (http://en.wikipedia.org/wiki/Impeachment) by which an executive (obama) or judicial officer (holder) can be removed.
    Impeachable offenses: The Constitution defines impeachment at the federal level and limits impeachment to "The President, Vice President, and all civil officers (holder) of the United States" who may be impeached and removed only for "treason, bribery, or other high crimes and misdemeanors".

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