© Lex Greene
Speaking of the United States of America as the land in question, the long-standing legal authority of federal government rests entirely under the authorities granted to the federal government via the U.S. Constitution, further limited in nature and scope by the Bill of Rights.
In other words, no authority exists at all, beyond the authority granted the federal government in the U.S. Constitution. Yet, modern society has been conned by “legal experts” for more than a hundred years now. Most Americans errantly think that “Executive Orders” are laws, and so are “court opinions,” because that’s what they have been essentially brainwashed to believe.
If that were true, then the U.S. Constitution would no longer be The Supreme Law of the Land. Instead of a Constitutional Republic created and guaranteed by the Constitution, we would be living under a “dictatorship” by Executive Order, or an “oligarchy” of nine unelected and unaccountable politically appointed Supreme Court Justices.
ARTICLE I of the Constitution assigns all sole lawmaking authority to Congress alone, which is to say, anything that is not properly legislated by Congress, is not a “law” at all. “All legislative Powers herein granted shall be vested in a Congress of the United States.” (Note: Congress is prohibited from enacting any law which is “repugnant” to the Constitution or Bill of Rights.)
ARTICLE II of the Constitution assigns very limited administrative authority to the Presidency. The Executive Branch has no lawmaking authority whatsoever. The lawful authority of the Executive Branch is limited to the “faithful execution of the Constitution and Laws passed by Congress.” Therefore, Executive Orders are limited to administrative orders only, necessary to the execution of law.
ARTICLE III of the Constitution assigns the limited duties and authorities of the Judicial Branch. Like the Executive Branch, the Constitution assigns no lawmaking authority whatsoever to the Judicial Branch. Court opinions and decisions are not “law.” As we see all the time, court opinions and decisions are regularly overturned.
Unfortunately, for more than a hundred years now, British Common Law trained “legal experts” have conned the American people in order to empower themselves in direct violation of Constitutional Law. In the 1940s, American Law Schools shifted focus away from teaching Constitutional Law, instead teaching British Common Law, often referred to as “precedence and procedure.”
NOTE: It is British Common Law that allowed the US Supreme Court to rule that Citizens have no legal standing to challenge the unconstitutional acts of government in court, all the way back in 1923. Since then, even cases challenging election fraud are denied access to any federal court of the basis of “lack of standing.” If the people have no legal standing, then they have no Rights!
British Common Law is also referred to as “the Law of Commons” and it allows courts to essentially invent government policy under laws not passed by Congress, which means, “deprivation of Rights under color of law.”
Thomas Jefferson quickly saw a fatal flaw in the founding documents they created, referring to what was happening not long after the adoption of the Constitution, as “judicial tyranny.” “The original error [was in] establishing a judiciary independent of the nation, and which, from the citadel of the law, can turn its guns on those they were meant to defend, and control and fashion their proceedings to its own will.” (Jefferson Letter to John Wayles Eppes, 1807)
“Nothing in the Constitution has given them [the federal judges] a right to decide for the Executive, more than to the Executive to decide for them. . . . The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.”
(Jefferson Letter to Abigail Adams, September 11, 1804)
As has become all too common today, “legal experts” cannot agree on this issue any more than climatologists can agree on changes in earth’s climate. They can’t even agree that any change is taking place, much less why, or what if anything at all could be done about it.
The conservative-leaning Heritage Foundation confirms everything I am saying here today. But the Bar Association totally disagrees, due to British Common Law taught in law schools since the 1940s. Again, so-called “experts” have a critical difference of opinion.
This means that YOU will have to study and decide for yourselves, as I have.
Foundationally, the U.S. Constitution and Bill of Rights remain the “Supreme Law of the Land,” or they don’t. If they don’t, then the U.S. federal government has no authority at all, and no right to even exist, as that governmental body in its entirety, exists solely by the adoption of that document.
If Joe Biden or any other President can rule by the simple stroke of a pen on an Executive Order, beyond any authority granted in the Supreme Law, then we live in a pure unconstitutional dictatorship already. If courts can rule by the dictates of an unelected few, then we already live under an unconstitutional oligarchy.
As a result of this national con job, the American society can see a flood of unconstitutional problems created by the federal government today, and they can’t figure out what to do about any of it. They see that so many problems are so complicated now, that they think they need an equally complicated solution, when in fact, the opposite is true.
Complicated problems require a simple solution.
If you realize that Executive Orders are not laws at all, then how much do you need to worry about anything done by Executive Order?
If you realize that courts can’t make laws, then how much do you need to worry about court opinions, especially if they are at odds with the Supreme Law?
It all comes down to this…is the Supreme Law of this Land still the Supreme Law of this Land? If it’s not, then you don’t need to worry about losing a country you already lost.
But if the Constitution and Bill of Rights are still the Supreme Law of this Land, then we need only enforce it. Contrary to common modern false beliefs, we never did have any Rights beyond those we are willing to fight and die for. Our Founding documents tell us what they are, but it is up to us to enforce it.
It’s just that simple. Stop pretending as though government officials have authority they were never assigned or granted by We the People.” They don’t!