Our nation and Constitution were based upon natural law which
secured our unalienable rights, and what makes them unalienable is
that they are God-given, derived from the nature and purpose of
man. This is affirmed by the Declaration of Independence: "We hold
these truths to be self-evident, that all men ... are endowed by
their Creator with certain unalienable Rights, that among these are
Life, Liberty and the pursuit of Happiness." This established our
nation in a natural law tradition charted by hundreds of authors
going back several thousand years, but it has been lost to modern
man for about the last hundred.
If natural law is the foundation of our legal system, where is
it? This book shows that our law was based on the presumption of
liberty. Government could pass any law to protect the general
welfare of society, but no law could go beyond what was necessary
to remedy the perceived harm, tailored for minimal infringement
upon personal liberties. Absent harm, there could be no
legislation. This protected the rights of individuals and society,
and made us a free country. One Court explained:
"The individual should be granted all the rights consistent with
public safety secured] by an authorized resort to the courts for
their protection against all hostile legislation which is not
required by considerations of the public health or safety. In the
absence of such considerations those rights are alike immutable; in
their presence they must alike yield." State v. Gravett, 62 NE 325
(1901).
We lost our liberties when we lost our resort to the courts. In
the 1930s the Supreme Court replaced the presumption of liberty
with the presumption of constitutionality, making Congress the
judge of the constitutionality of its own laws, beyond review by
the courts, thereby removing the requirement of necessity, changing
our form of government and destroying our liberty by allowing
numerous unnecessary laws to become a pestilence upon society.
We have several remedies. This book enumerates many of our
God-given natural rights retained by the people that cannot be
infringed by government, that we can use to populate the Ninth
Amendment. We can follow natural law by using Religious Free
exercise, and 96 Stat. 1211. Finally, we can waive our statutory
rights to the protection of government in order to exercise rights
prohibited by government "protecting" us, such as the prohibition
of raw milk and the curing of disease.
Scholars of natural law agree that laws must not be arbitrary or
unreasonable, and they must be based upon "right reason" in accord
with mans nature, otherwise they are not laws at all and we have a
right and duty to disobey. Learn the art of disobedience, the
recommended and lawful remedy to tyranny from our natural law
tradition.
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