Steven Miller · Originally Answered on Quora October 10, 2018 but removed for violating their terms-of-use policy. Just how offensive is a scholarly discussion of constitution and law?
“We The People” created a federal government by writing a constitution. “We The People” are the superiors (the jura summa imperii). Those who take an Oath-of-office are the subordinates (inferiors) who, by taking an oath of allegiance, owe us allegiance.
This has always been true. In the Bible, Hebrews 6:16 tells us that oaths are only taken to superiors.
And those who hold the truth that all men are created equal would never swear oaths to other equals. See my essay on Allegiance.
By writing a constitution and finding subordinates to obey us, we create a government.
We delegated to our subordinates the 18 things they are authorized to do in Article 1, section 8. We DID NOT delegate any authority that we ourselves did not have. (like taxing our neighbors, canceling their marriage, regulating travel).
Disclaimer: I am not saying that we need a government. We did not have a government for the first 10 books of the Bible. We did not need a government then, and we don’t need one now.
Before I can answer your question on law, we need to know what the laws of nature are.
The first sentence of the Declaration of Independence states that it is the Laws of Nature that entitle the United States to exist. Every Law Dictionary will tell you that “Legibus sumptis desinentibus, lege naturae utendum est, When laws of the state fail, we must resort to the laws of nature.”
The Declaration goes on to say that Governments are instituted among men to secure unalienable Creator-endowed (God-given) rights.
What are these God-given rights?
They are the rights of all mankind.
According to Tucker’s 1803 reprint of Blackstone’s Commentary on the Laws that was updated to include the laws in Virginia:
“residuum of natural liberty which is not required by the laws of society to be sacrificed to public convenience”. . . . ”
“…these may be reduced to three principal or primary articles; the right of personal security, the right of personal liberty, and the right of private property: because, as THERE IS NO OTHER KNOWN METHOD OF COMPULSION, or of abridging man’s natural free will, but by an infringement or diminution of one or other of these important rights, the preservation of these, inviolate, may justly be said to include the preservation of our civil immunities in their largest and most extensive sense. “
That’s right. Government exists to protect you from being controlled.
Now that you know what the Law of Nature is, I can answer your question: What is the difference between Constitution and law. Here is what Law is: All Law is consistent with the law of nature. Neither could any other law possibly exist. There IS NO OTHER LAW. “For there is no power but of God: the powers that be are ordained of God” just as the Apostle Paul told us in his definition of lawful authority (Romans 13).
According to the U.S. Supreme Court, Blackstone’s Commentaries are part of the received-law-of-the-land. Blackstone’s Commentary on the Law in the introduction:
“This law of nature, being coeval with mankind and dictated by God himself, is of course superior in obligation to any other – It is binding over all the globe in all countries, and at all times; no human laws are of any validity, if contrary to this: and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original….
…NEITHER COULD ANY OTHER LAW POSSIBLY EXIST… for we are all equal, without any other superior but him who is the author of our being. …”
…Nay, if any human law should allow [violation of natural law], we are bound to transgress that human law, or else we must offend both the natural and the divine.”
For more information read my essays at www.NotFooledByGovernment.com
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Steven D. Miller is a freelance writer producing informative blog posts, white papers, eBooks and high-density documentaries. He is available to offer hope to any audience that yearns to breathe free. Contact him at Steven.Miller@LibertyContentWriter.com