Posted on 09/03/2015 5:41:30 PM PDT by markomalley
Rowan County Clerk Kim Davis refused to issue marriage licenses to same-sex couples. She’s an elected official, and can’t be fired except by voters in her county, so a federal judge had her thrown in jail today. I expected as much. Any true civil-disobedience act must come with the willingness to bear the legal consequences of your extra-legal behavior. Davis politely thanked the judge before being carted off to the clink.
If it were me, I also would have submitted to the governing authority, but not without a resounding “SAY WHAT, YOUR HONOR?!” after he said this…
“The idea of natural law superceding [sic] this court’s authority would be a dangerous precedent indeed,” U.S. District Judge David L. Bunning told Rowan County clerk Kim Davis.
Actually, your honor, the sovereignty of natural law over man-made authority is a founding principle — a starting point of the underlying political theory — of our constitutional republic. These United States separated from the British monarchy because we were entitled to by “the Laws of Nature and of Nature’s God,” and not subservient to the alleged divine right of kings, nor to an imperious Parliament.
We ordained and established a Constitution of enumerated powers, not of general legislative authority, and “We, the People” gave Congress authority to legislate only within the powers granted in the Constitution. The rest belongs to the states, to the people and, obviously, to the great lawmaker and judge of us all.
Not only does natural law supersede the court’s authority, the judge’s authority is utterly dependent upon the existence of such a law, and — whether one wishes to acknowledge it or not — upon the authority of God.
This is not to say that each individual person may decide what natural law (or God’s law) shall be for the entire republic. But it certainly does not mean that a federal judge’s authority supersedes the law of God, or “natural law.”
Is this the Judge? I think so but not completely sure.
http://www.enquirer.com/editions/2001/12/16/loc_4connections_factor.html
Thanks for that. I mentioned a couple of days ago that Carly Fiorina needs to read this after saying Ms Davis should obey the law.
LMAO. I haven’t laughed this hard at a post on FreeRepublic in years.
Theres gonna be a lot more, lot more, lot more deaths in cwii. There are so many king georges and so many tyrant servants to deal with.
Okay.
Natural law was part of the foundation of American law, along with “the law of nations” (as well as, of course 2,000 plus years of Greco-Roman-English codes and common law precedential deciusions)
And now, as a consequence, we have The Law as it currently stands. A complete system of legislatures, courts and it’s own body of precedential decisions as to both common law and statute.
That being the case, the best (indeed only) guidance we have for applying “natural law” to current day controversies — is to apply The Law.
And for a litigant or defendant to appeal to “natural law” outside of The Law is simultaneously both pointless and redundant.
Indeed it was, and a busy time for its persecutors.
I wonder what kind of expression Bunning’s face will wear when he has to face the Founding Fathers in the Judgment, never mind the Judge Himself.
Where’s the outrage from the senior senator about the Federal courts in his state? or does he condone it actions? I suspect the latter.
Just like that congressrat saying about Obamacare that the constitution allows Congress to do anything they like.
this leftwing judge would feel right at home in the 3rd Reich or the USSR.
in contrast to this so called judge of the law, some very godly, professing Christian men affixed their good names the founding Law for these united States of America:
“When in the Course of Human Events, it becomes necessary for one people to dissolve the political bands...with another...,and assume among the powers of the earth, the separate and equal station to which the Laws of Nature and Nature’s God entitle them,...”
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator
with certain unalienable Rights,...—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,—That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish...”
this “judge” and some others even here need to be reminded who wrote the Law and with Whom it actually originates. they also need to be reminded that among the people in these united States, ALL political power derives from the “consent of the governed” as the governed determines, by whatever Lawful processes as required by God, what exactly is the common good. the common good is nothing less than the unambiguous and uncontroversial agreed upon rule or body of Law, receiving the aforesaid consent.
And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand? The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin’s thirst, the cursed machine would have ground to a halt!
Solzhenitsyn
[I wonder what kind of expression Bunning’s face will wear when he has to face the Founding Fathers in the Judgment, never mind the Judge Himself.]
Probably proud defiance.
Or considering his quote about his court’s authority above Natural Law, bunning will look the Founders and Jesus in the eye and say, “Don’t question my authority.”
I’m waiting for him outlaw global warming. Then the government wouldn’t have to create more useless laws.
My neighbors did a couple weeks ago.
It should be pointed out that the "judge" is implicitly admitting that his actions violate the natural law.
It should also be pointed out that in a sense the judge's quote is correct. The idea of natural law superseding the court's CLAIMED authority IS dangerous. Dangerous to the wicked notion that any judge has the authority to violate the natural law or the Constitution.
But it is NOT dangerous to the rule of law, as he asserts. In fact, just the opposite is the case. The natural law is the American basis for the rule of law. It is its foundation.
The Islamic States have their black robes and FedGov has its black robes.
Was it a nice service?
“We hold these things to be self-evident,” but certain judges do not. How did they make it into office? Who were their overseers in passing the bar? Were they ordinary citizens, or were they other judges and lawyers?
The way I see it, our legal system - the one that has evolved into a ruling elite devoid of natural sense and reason - has been left unaccountable to anyone but themselves. What recourse does the general public have in testing, appointing, and judging judges? There must be a means to impeach this one in particular, who bluntly places himself and others above natural law, i.e. the self-evident truths enunciated, circumscribed, guaranteed, and legally efficacious through our founding documents.
This attitude is why we lose. Switch sides already why don't you.
“True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrong-doing by its prohibitions. And it does not lay its commands or prohibitions upon good men in vain, although neither have any effect on the wicked. It is a sin to try to alter this law, nor is it allowable to attempt to repeal a part of it, and it is impossible to abolish it entirely. We cannot be freed from its obligations by Senate or People, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is, God, over us all, for He is the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst penalties, even if he escapes what is commonly called punishment ...”
— Marcus Tullius Cicero, 59 - 47 B.C.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.