Donald Conkey’s e-Newsletter - Volume 1 - No. 10 - December 1, 2002

"Constitutional Observations"©

This Month’s Topic: Man’s long struggle to overcome "Ruler’s Law" and establish a government of "People’s Law."

Question # 1: What forms of government have ruled the world’s population throughout most of its history?

Answer: Two forms of law have dominated the world’s long history: "Ruler’s Law" and "Anarchy." Ruler’s Law is defined as "A system of government with all power in the ruler. It can be "a monarchy, and autocracy, a plutocracy, an aristocracy, an oligarchy, an empire, or a military dictatorship." Until America was created 99% of the world’s people lived under this type of law. Anarchy is the law of the jungle — no law. Between these two extremes there is a "People’s Law" form of government. People’s Law is defined as "A government whose power is based in the people, with a hierarchy of power rising out of the people to secure their rights." Jefferson, in the Declaration of Independence, defined this form of government when he wrote "To secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed." Jefferson found these truths in the writings of Cicero, a Roman Consul, who wrote about "Natural, or Nature’s Law." Under "People’s Law" we find 3 forms of governments: 1. the republic; 2. democracy; and 3. the democratic republic. In a "Republic" the people’s representatives pass the laws and operate the government. In a true "Democracy" the masses rule, controlling all decision-making processes of government. In a "Democratic Republic" the members of the House of Representatives shall be elected by qualified voters in each of the states — Article 1.2.1 of the U.S. Constitution. This Article in the Constitution is what gives the American people their RIGHT to vote for their own representative, thereby making the United States a "Democratic Republic."

Question # 2: What were the historical events that preceded the founding of a "People’s Law" in America?

Answer: On page 196 of Skousen’s book, "The Making of America," is a "step ladder" guide to those historical events that led to the establishment of an unique America, a nation with a "People’s Law" — with a written Constitution. Most Americans today give little thought to how America’s unique freedoms were established. Most think they "just happened" in 1776. Not true. There was a long struggle to overcome "Ruler’s Law" government (tyranny and despotism) that had ruled the world for most of its history. Jefferson found this "People’s Law" in the Anglo-Saxon’s government in early England, a form of government some scholars now trace back to the "perfect laws of liberty" first established by Moses, then lost by the Israelites. Skousen’s step-ladder guide shows how America’s "People’s Law" evolved over a period of more than 1,000 years — upward out of "Ruler’s Law" (tyranny and despotism) to rediscover what James (1:25) referred to as God’s "perfect law of liberty." Nearly 34% of the Founding Father’s (FF’s) new 1787 Constitution is traceable back to Moses’ "perfect laws of liberty."

This step-ladder guide has 8 steps, with each step given a time frame. The 8 steps leading to our "People’s Law" are - STEP 1. [initial use of] "People’s Law" – 450 to 1066 AD. The Anglo-Saxons extensively developed People’s Law; STEP 2. [return of] "Rulers Law" – 1066 to 1215 AD – Freedom and natural rights were lost when England was conquered by the Normans (William the Conqueror in 1066 AD) and became subject to Ruler’s Law; STEP 3. [development of] The "Magna Charta" – 1215 to 1265 AD – The great struggle to restore freedom began with King John signing the Magna Charta. It guaranteed that: A. The people have inalienable rights; B. the king must also obey the law; STEP 4. The "Evolution of Parliamentary Power" – Parliamentary Power developed [3 essential principles]: A. [the] principle of no taxation without representation; B. all laws [must be established] by consent of Parliament; C. [the Parliament must have the] ability to impeach king’s officers; STEP 5."Parliamentary Supremacy" – 1265 to 1721 AD – England’s Parliament chose a prime minister who appointed a cabinet and selected all administrative officials with the king’s consent. Thus, the British established a republic structured on "parliamentary supremacy." STEP 6. [development of] "The Articles of Confederation and State Supremacy" — 1721 to 1776 AD — The Articles of Confederation were adopted (in 1781) providing for individual "state supremacy" and a committee of the states functioning as a national congress. American colonists gained independence by force of arms and by asserting their rights — under their British Law: A. as guaranteed in [the] Magna Charta (which King John signed in 1215), [the] Petition of Rights (granted by Charles I in 1628), the habeas corpus rights (granted by Charles II in 1679); and the English Bill of Rights (granted by William and Mary in 1689); B. by electing their own assemblies; C. by writing [the] Articles of Confederation; STEP 7. [America’s] "Constitutional Supremacy" — 1787 — The Founding Fathers (FF’s) established a new kind of republic based on a system of "constitutional supremacy." The Articles of Confederacy were replaced by a completely new system of "Peoples Law" guaranteed by a written constitution.

Skousen, looking to the future, labeled his STEP 8 "Worldwide Freedom, Prosperity, and Peace." On this step the FF’s hoped their new America would perfect STEP 7 and begin exporting freedom and America’s prosperity formula to all the world. It has, but opposition to America’s type of free government remains strong, as we see daily, worldwide.

A Meaningful Quote: Jefferson’s historian wrote: "Jefferson’s great ambition at that time (1776) was to promote a renaissance of Anglo-Saxon primitive institution on the new continent. Thus presented, the American Revolution was nothing but the reclamation of the Anglo-Saxon birthright of which the colonists had been deprived by a long trend of abuses."

Did you know? The words inscribed on America’s Liberty Bell in Philadelphia — "Proclaim Liberty throughout all the land unto all the inhabitants thereof" — is a direct quote from the Old Testament — Leviticus 25:10. Also know: There always has been, and there continues even today, strong opposition to man being free to govern himself. Freedom is unique.