The Philosophy of American Rights
by
Thomas Saunders, www.njcdlp.org
The underlying philosophy of American Rights is based upon the premise that philosophy is a science, and so a civic and socio-political responsibility is to employ Political Science to politics, in a corresponding form.
"Philosophy in Ayn Rand's view, is the fundamental force shaping every man and culture. It is the science that guides men's conceptual faculty, and thus every field of endeavor that counts on this faculty." (Leonard Peikoff, from "Objectivism.")
American politics i.e. the government, is bound to a philosophy bound in the interpretation and implimintation of the United States Constitution. American law is devised through a process of legislation, and judicial application through legislated acts, and upheld judicial findings in the form of "stare decsis.'' Most people know what legislation is but stare decisis.....
Stare decisis: (To stand by things that have been settled.) The doctrine under which courts adhere to precedent on the questions of law in order to insure certainty, consistancy, and stability in the administration of justice with departure from precedent permitted for compelling reasons, ( as to prevent the perpetration of injustice). (''Webster's Dictionary of Law,'' Webster, 1996, p. 467) { Similar to 'Res Judicata,' or, 'what has been decided before, and considered final.' Usually pertaining to a single case.}
Stare decisis presents 'primary cases of law,' or Case Law that determine the general aim of a law in regard to Constitutionality. Case law; is ''law established by judicial decisions in cases, as distinguished from law created by legislation.'' (Webster,Ibed. p. 67.) Legislative acts that are passed by process become statutes. ''A statute is a law made by the legislative branch of the government.'' Constitutional law, is ''a body of statutory and case law that is based on, concerns or interprets of the constitution.'' Webster, Ibed, p. 469. 470.)
The legislative and judicial branches of the government are part of a trinity designed in the Constitution, and intended to create checks and balances in the design of a free republic, and liberal democracy. Americans often argue that America is a republic, and others say democracy. I would argue that America is both....
''Democracy is defined as a government by the people through their elected representatives.'' (See; 'Webster's Dictionary of Law,'' Webster, 1996, pg. 131.) , See also; ''Dictionary and Thesaurus,'' Harper -Collins, 2003. pg. 192.)
Republic; A state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch. (ORIGIN C16: from Fr. république, from L. respublica, from res 'concern' + publicus 'of the people, public.' See also; 'Webster's Dictionary of Law,'' Webster, 1996, pg. 425.)
The American philosophy of law is based upon the implementation of both judicial and legislative acceptance that the following protections are guaranteed by both legislative mandates from Congress, signed by the President, and ruled on by the courts, and written down in the United States Code, in any dispute or challenge of that law, making it literally the 'law of the land.' (I am using the phrase in this sense.)
A judge who violates the Constitution, is by law committing treason...a judge does not fully comply with the Constitution, then his orders are void, in re: Sawyer, 124 U.S. 200 (1888), he/she is without jurisdiction, & he/she has engaged in an act or acts of Treason. I've always contended that a Congressman, Indian Cheifs, all the way to a 'Road Kill Picker,' has a civic responsibility to alignment with Constitutional standards.
By these standards of the law of the land, Americans should be protected for the following....
1. The right to own private property over the right of the 'government' to steal it.
2. The right to security in your home, family, and papers.
3. The right of free speech, and free expression.
4. The right to be free from unreasonable searches.
5. The safety net of judicial warrant requirements, and habeas corpus.
6. The right of free assembly, and association.
7. The right to a trial by a jury of your peers in a system of due process.
8. Reasonable bail and recourse for false arrest.
9. The right to the process to redress grievances.
10. Protection from cruel and unusual punishment.
11. Protection from laws that plunder life, liberty, and property, both individual and collective.
In reality none of these 'rights' is being protected by Congress, the Courts, or the Administration, and has not been for the past fifty years, and before the Reagan era. The Patriot Act and many laws before and since violates every precedent of civic protection the trinity of the Legislative, Judicial, and Executive branches are bound to protect by the Constitution.
The 'Oath of Office,' for the trinity of the Executive, Judicial, and Legislative branches of the government mandate that the 'law of the land,' be the principle 'job' of the 'trinity,' as stewards in overseeing American civil liberties. Should in theory one or two of the trinity violate the basic 'philosophy' the other should be able to 'right' the corrupted members of the trilogy.
In effect, currently the United States Government is engaged in the following illegal actions, in regard to the preservation of the above list of rights.
Police Brutality:
Racial Profiling:
Illegal Searches, and Seizures:
School Zero Tolerance Policies:
Insufficient Police Protection:
Juvenile Justice Systems, Abuse:
Prisoner Abuse:
Entrapment:
Asset Forfeiture:
Disparate Sentencing, and Judicial misconduct:
Prosecutorial Misconduct:
War On Drugs:
Judicial Corruption and Misconduct:
Law Enforcement Misconduct:
Privatization of Government Duties:
Legislative Corruption and Misconduct:
Executive Corruption and Misconduct:
Without a commitment to enforce the primary rights of Americans according to those rights which can be shown as Constitutionally protected rights, corruption and government tyrany can continue. In terms of philsophy, the corruption in American government can be shown to be mostly due to the non-commitment to upholding the 'law of the land. This is a breach in the Oath of Office to protect the Constitution. The 'Oath' mandates lawmakers as to their fudiciary duty to all Americans to preserve Constitutional law.
The philosophy of the American Right, is bound in a system where the premise of the philosophy of free republic, and liberal democracy, are bound to the understanding of all its citizens. This means that the trinity of the Executive, Judicial, and Legislative branches of the government can be made a tetrad of Executive, Judicial, Legislative, and Americans. All must know the Law of the Land.
