Category: The Law

Frederic Bastiat (1847)

Simply put, laws are made to protect and keep our rights.

“What, then, is law? Law is the collective organization of the individual rights to lawful defense.”

“If every person has the right to defend-even by force-his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly.  Thus, the principle of collective right-its reason for existing, its lawfulness-is based on individual right.  And the common force that protects this collective right cannot logically have any other purpose or any other mission that that for which it acts as a substitute.  Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force-for the same reason-cannot lawfully be used to destroy the person, liberty, or property of individuals or groups.  Force has been given to us to defend our own individual natural rights.”

This is the reason for LAW.  Simple as it is, “An individual cannot lawfully use force against the person, liberty, or property of another individual, then the common forced has been given to us to defend our own individual rights”.

THE JUST AND ENDURING GOVERNMENT

No one would have any argument with government, provided that his person was respected, his labor was free, and the fruits of his labor were protected against all unjust attack.

A FATAL TENDENCY OF MANKIND (His Human Nature)

There is a tendency that is common among people that when they can, they wish to live and prosper at the expense of others.  This is no rash accusation.  The annals of history bear witness to the truth of it: the incessant wars, mass migrations, religious persecution, universal slavery, dishonesty in commerce, and monopolies.  These fatal desires has it origin in the very nature of man-in that primitive, universal, and in suppressible instinct that impels him to satisfy his desires with the least possible pain.

PROPERTY AND PLUNDER (Theft over Work)

Man can live and satisfy his wants only by ceaseless labor:  by the ceaseless application of his faculties to natural resources.  This process is the origin of property.   It is also true that a man may live and satisfy his wants by seizing and consuming the products of the labor of others.  This process is the origin of plunder.  When, then, does plunder stop.  It stops when it becomes more painful and more dangerous that labor.

Frederic Bastiat – 1847

Frederic Bastiat wrote a book or pamphlet about the evils of socialism. How power corrupts and human nature. Below are exerts from his book and how closely they are related to today.

No one would have any argument with government, provided that his person was respected, his labor was free, and the fruits of his labor were protected against all unjust attack.

It is true that a man may live and satisfy his wants by seizing and consuming the products of the labor of others. Thus, the origins of plunder.

Since man is naturally inclined to avoid pain-and since labor is pain in itself-it follows that men will resort to plunder whenever plunder is easier than work.

When does plunder STOP? It stops when it comes more painful and more dangerous that labor.

CONGRESS AND THE LACK OF DUE PROCESS

I watched yesterday in disgust regarding the total disrespect for the rule of law by the so-called Democratic party, or as I know it as the FAR LEFT! 

Now, being a conservative/libertarian, I might be biased, but any person with any concept of common sense could see that yesterday’s example in congress was a total violation of the rule of law.   The absence of DUE PROCESS was clearly evident.  Furthermore, I can bet that the vast majority of Americans have no idea what is going on.  They have no idea how much of their lives are going to change, and not for the better.  Furthermore, the Democratic party wants to remove anyone that debated and voted not to accept the electoral college votes contesting the election results.   There were more democrats that debated and voted “NO” on accepting the electoral college votes for Trump than Biden. Did you hear that! And now you are a traitor because you exercised your constitutional right. Questioning the Biden election results is now an indication of being a traitor and inciting sedition.

Now, I am disappointed in President Trump and his advisors for not focusing on the true issue regarding the election. FRAUD, is not the issue.  The premise that the election was stolen, is not issue. The premise that there was corruption, is not the issue.  The issue we should be stressing and voicing to the American people is that the CONSTITUTION WAS VIOLATED.  Article I and subsequent the 12th amendment is very clear.  The state legislator sets the rules and laws regarding elections within their states.  PERIOD! There is no variance from this. Governors, Secretary of States, judges, etc. cannot invoke rules regarding election laws.  No matter what the circumstance is, say a pandemic, the constitution and its rights do not get voided.

Each member of the house and senate took the oath to UPHOLD and defend the Constitution.  If you are not held to account for that oath, then there is no rule of law.  It was a tragedy to see these subjects of congress continue to say they are keeping to their oath and protecting the constitution is beyond contemplable at best.

First, it is the responsibility of the legislator of each state to certify the electoral votes of their state.   It is up to them to make sure the election laws have been followed and the state constitution has been adhered to and not violated and for the Governor to do the same.  They not only have the obligation, but the duty through their OATH OF OFFICE to administer these principles. If they find there is a violation they must act appropriately to fix the issue. In the case of GA and PA those votes that violated the rules set forth by the legislator should be null and void.

Second, if the above FAILS.  When each states Electoral College Votes are due for certification by the house and senate, it is up to them to accept or reject the states Electoral College Votes and both houses are allowed to debate said objection and then vote to certify or not certify. Congress, both house and senate, can deny/acceptance those electoral votes.  If they feel a state has violated their own constitution and laws, no matter how trivial, it is the duty of the congress to deny those Electoral College Votes base on their oath of office to UPHOLD the constitution and the rule of law. If a state violated their own constitution regarding election laws, it violates Article 1 of the constitution.  I realize each party does not want to deny their states if it swings in their favor, but by doing so, have they violated their oath of office.  Party affiliation should be irrelevant.  Without fair elections there is no Republic.   Everyone in congress says for the benefit of the country we need to certify the Electoral College Votes, but in doing so have you violated your oath of office to uphold the constitution.  This is not for the good of the country but will lead to the end of this great document of law.  When states violate their own constitution and election laws there needs to be a price to pay.  Those states that violated their own constitution should be held accountable.  If those votes were denied by congress and the 270 were not met then the house elects the president with a single vote from each state.  That is the rule of law regarding the constitution in article 1 and the 12th amendment.  This should not be about politics or worries what will happen to the country if either side is affected, the truth and rule of law should be the standard and adhered to, no matter the price to pay.  If you follow the constitution and your oath of office, it will work itself out.  The Democratic party and many on the Republican side are only worried about their power, the next election, and be dammed about their oath of office and the constitution.  The vast majority work for their self-interest.

I just do not know where to go from here. I am in self-preservation mode as if this above does not happen this great document will, or already is, be irrelevant.  As a normal citizen I feel my only recourse is my voice, my vote and my purchase power. It seems that two of these seem irrelevant.