Firearms Lawyer

A discussion about the law and deadly force

Inalienable Rights

August 14th, 2009 at Fri, 14th, 2009 at 12:34 am by markknapp

The men that drafted the United States Constitution acknowledged that human government eventually degenerates into tyranny apart from three related sources of law. The concept of natural law stems from the recognition that everything in the universe, including mankind, reveals something of the character of its Creator.

The concept of natural law is foreign to many of our modern scientists, educators, lawyers and even theologians due to the fact that much of society’s modern belief system is founded on the premise that everything happens randomly and that reason itself has nothing to do with the processes that we observe in our environment. Thus, according to many modern law professors, law is whatever the courts deem it to be.  Our forefathers recognized that rights originate in our Creator, not in human government; thus, some rights are inalienable.

A second source of law for the Founders was the law of Scripture. For years, it has been conventional wisdom to declare that the men that drafted the U.S. Constitution were deists; i.e., they believed that that a divine intelligence created the universe and then set it to operate like a clock without any intervention on the part of the Creator. The facts show that most of the Founders believed that the God of the Bible wants to be known by mankind and rewards those that diligently seek Him; i.e., the Creator presented by Scripture.

The Founders believed that the Scripture reveals things that God wants us to know about Him and about how to relate to God and each other. People that declare that we “should not mix religion with politics” don’t understand the Bible or history or the Constitution.  In a sense, every government is “spiritual”, even a non-theistic (i.e., secular) government. 

The Founders prayed during their deliberations, quoted the Scripture and made reference to “the laws of nature and of nature’s God” in the Declaration of Independence. Such phrases have a distinguished pedigree and were very familiar to men like Thomas Jefferson who had studied the common laws of England via Blackstone, Coke and Bracton.

Events in Washington, DC and Wall Street, even the international situation, have many of us gravely concerned.  The way a municipal court judge reads the Constitution impacts how he or she interpretes state laws and municipal code.  The core concepts of decency, respect and transparency are all expressed in the Bill of Rights.  Thus, the way we read the Constitution even impacts how we treat people over whom we have authority!

markknapp I was on law review at Gonzaga University School of Law and love to write. Having held the position of Associate Editor on Gonzaga Law Review is good training for writing appellate briefs (I have written a few) and is a good qualification. When I am not writing about military history, my favorite activity is educating folks as to why personal self-defense may be just as critical to our safety as national security at the federal level. Like most political and philosophical issues, security starts at home. There is something about stripping issues down to the bare essentials that makes for clear thinking on almost any subject. Studying history, religion and law will convince any fair-minded observer of the human predicament that how we regulate the use of force is nearly the most basic and indispensable element that underlies legal systems and government. Every time an errant driver is stopped by a law enforcement officer there is a potential for presentation and/or abuse of deadly force. Many defendants would not appear in court but for the fact that failure to appear may result in being forcefully detained behind bars. The manner in which we constrain our government officials, protect ourselves from reckless drivers, discourage dishonest business dealings and stop predatory criminals- all involve force that is brought to bear by government and sometimes other parties. The most indispensable element, however, is reason- often harder to define but we know it when we see it. The ability to reason clearly is the indispensable quality for a lawyer, judge or any human being. Reasoning ability underlies the manners, courtroom procedures, writing style and even the flow of paperwork with which a lawyer must deal.

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