549* * What Is "Law"?
- Apr 1, 2002J.A.I.L. News Journal
Los Angeles, California April 1, 2002What Is "Law"?The following article is an excellent elucidation on "Law" written by Tony Blizzard which he titles "Commentary on Pundit Error." This article shows that the U.S. Constitution is truly the Supreme Law of the Land-- it is unchangeable and is not answerable to any other form of man-made "law" nor is it overcome by treaties. This article serves as a foundation of principle upon which J.A.I.L. will function. Judges will be held accountable to the People under the Supreme Law of the Land: the U.S. Constitution and laws made in pursuance thereof.Mr. Blizzard's contact address was not furnished with his article. You'll have to contact "Marda Kirkwood" kirkwood@... or "WGEN" idzrus@... shown below, at the head of the article. We thank Tony Blizzard for this article and Jackie Juntti of WGEN for sending it to us."Giving these servants the godlike title "lawmaker" leads psychologically to obeisance to them, sabotaging the citizens' sovereign power of holding them to account for their unconstitutional misdeeds, a direct reason this unlawful reality exits.""Our republic demands citizen participation to maintain right order. Until citizens are willing to learn and act on these truths they will be the servants and the servants will remain their masters."--Tony Blizzard--From: "Marda Kirkwood" <kirkwood@...>
To: "WGEN" <idzrus@...>
Subject: SP - COMMENTARY ON PUNDIT ERROR
Date: Sat, 30 Mar 2002 13:00:19 -0800
COMMENTARY ON PUNDIT ERROR
By Tony Blizzard (Sorry, email address was not furnished)
Political pundits of the media habitually and sloppily refer to members of Congress and state legislatures as "lawmakers." Although one of these bodies' activities is considering and passing on proposed statutes, their role and proper designations are "representative" and "senator." The job of representatives is to represent their constituency, as is that of U.S. senators since a Constitutional change in 1913. Previously, U.S. senators represented their states' governments' interests but an amendment reduced them to a second body representing a whole state's constituency, a practical exercise in
futility and a blow against states' rights versus the federal government.
Congress does not "make law," it may pass bills intended to become statutes if they clear all constitutional hurdles. Statutes must be in agreement to that document of law or they are null and void. Never does the true law, the constitution, have to answer to a statute. Even when a statute passes all its tests it is not a law equal to the Constitution. A statute can be contested at any time as to its constitutionality in the courts. Even when our Supreme Court declares a statute constitutional, the decision applies only to the particular case before the court, although our adversary court system has created the evil called "case law" which has been used to harden statutes, good and bad, into political reinforced concrete.
Not even the courts were meant to be the final arbiters of whether or not the people would accept a statute, that was left to the jury, made up from the common man, who is considered the sovereign under our form of Republic and whom the government was intended to serve, not rule. A statute is not to be included in our "body of law" at any time the people's juries disallow it, but a jury cannot attack the Constitution.
Representatives and senators create changeable statutes, not unchangeable law. They are supposedly under the law themselves. Moreover, they, like bureaucrats, are public servants, and lawfully of less consequence than the plain citizens they are elected to serve.
Such is the ideal for which the Founders strove. Comparing that to the
evolved reality can be depressing. Giving these servants the godlike title "lawmaker" leads psychologically to obeisance to them, sabotaging the citizens' sovereign power of holding them to account for their
unconstitutional misdeeds, a direct reason this unlawful reality exits.
Equally disturbing is the pundit, even patriot, promoted myth that treaties undermine the Constitution, an affront to it that the Supreme Court correctly ruled unlawful. That body stated in Reid v. Covert, (1956) 354 U.S. 1, at p. 17:
"[T]his court has regularly and uniformly recognized the supremacy of the Constitution over a treaty . . . It would be manifestly contrary to the objectives of those who created the Constitution as well as those responsible for the Bill of Rights - let alone alien to our entire Constitutional history and tradition - to construe Article VI as permitting the United States to exercise power under an international agreement, without observing constitutional prohibitions. (See: Elliot's Debates 1836 ed. pages 500-519). In effect, such construction would permit amendment of that document in a manner not sanctioned by Article V. The prohibitions of the Constitution were designed to apply to all branches of the National Government and they cannot be nullified by the executive or by the executive and senate combined."
Article V of the Constitution contains the provisions for altering that document. Treaties are not mentioned in the article. Article VI, states that all laws must be made "in pursuance" of it, plainly adding that treaties must be made under the authority of the United States, itself under the Constitution.
Furthermore, when a treaty is violated in any part, it is no longer valid by law.On July 7, 1798, Congress declared a 1778 treaty with France "no longer obligatory" claiming France had violated it. By law, treaties are not poured in concrete or carved in marble anymore than are statutes. If treaties, the highest formal bond among states, cannot nullify the Constitution, it is criminally disingenuous for any to postulate that any kind of lesser "agreement" can.
None of these mentioned corrections of concept matter one wit as long as
citizens wring their hands and tolerate abuses of our law in the mistaken name of lawfulness. Our republic demands citizen participation to maintain right order. Until citizens are willing to learn and act on these truths they will be the servants and the servants will remain their masters.
Patriotic political media pundits must use accurate and responsible terms in order for paradigm changes in commonly accepted political truisms to occur in the popular mind which, in turn, can create an insurmountable populist demand to return to the Republic intended by the Founders.* * *- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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