Our rights do not originate with government, but they are to be "secured" by government.
Formerly: Libertarian Party of Citrus county

Tuesday, September 8, 2015

What Rule of Law?

Tom Rhodes, 9/8/2015

Today we are seeing the ruling elite imprison those who don’t follow there dictates regardless of the law. In fact obeying the law, if our ruling masters don’t like the law, can and will land you in prison indefinitely. Kim Davis sits in jail for following the law. Even some libertarians say she should be in jail for not following the law. The question is what law is she violating? The fact is the contempt of court finding, but that finding is based on the court enforcing the will of ruling elites without any law to support the ruling.

The court is saying, “You will do as we dictate regardless of the law.” Kim Davis chose to obey Kentucky’s marriage law and state Constitution which requires marriage be between two people of different sexes. The SCOTUS cannot make law, that is the exclusive authority of the Legislature. Read the constitution if you don’t believe me. The SCOTUS can declare a law null and void because it violates the constitution, but it has no power or authority to dictate laws. It’s called separation of powers.

Here’s the real problem. Others whom the ruling elite favor, can refuse to enforce laws and dictates of federal courts at will and suffer no consequences, while those who enforce laws the ruling oligarchy wish didn’t exist are jailed. Here are some recent examples:

  • Chief Cathy Lanier, of the Metropolitan Police Department of the District of Columbia, is refusing to issue concealed weapons permits to people unless they can arbitrarily show a “good reason,” although the law is clear that there is no requirement to do so. Despite a federal judge issued a preliminary injunction in May stopping her from denying the permits. Refusing a federal judge is not landing Cathy Lanier in jail for contempt.

  • Lesbian Texas judge, Tonya Parker, in 2012, refused to issue marriage licenses to heterosexual couples until same-sex marriage was legalized. Unlike Kim Davis, she was clearly violating the law, not only wasn’t she jailed for violating the law, she wasn’t even disciplined.

  • County sheriffs throughout California are similarly denying concealed weapons permits to applicants, despite last November’s Ninth Circuit ruling stating the the sheriffs were violating the law. People have died, unable to obtain permits to legally carry a weapon for self-defense, yet none of those sheriffs have been sent to jail.

  • In 2004 in clear violation of California State Law San Francisco Mayor Gavin Newsom ordered clerks to issue same-sex marriage licenses in 2004. Newsom was never sent to jail.

  • In 2007 Newsom made San Francisco a sanctuary city, in clear violation of federal law. Nothing happened to him. The city’s sanctuary status resulted in the death of Kate Steinle in July, who was shot by an illegal immigrant who had been deported five times and had seven felony convictions.

    Davis is in violation of no law, and is attempting to enforce Kentucky law. The constitution does not grant the federal government the right to regulate marriage, that is clearly within the jurisdiction of the states. The sad fact is Kim Davis was singled out and punished disproportionately compared to other public officials who didn’t comply with other controversial laws.

    If we were a country ruled by law, not dictates of those in power, then Cathy Lanier, Tonya Parker, Gavin Newsom, and multiple California sheriffs would be in jail alongside Kim Davis. Obviously if your position is not to enforce laws leftists don’t like, or violate laws leftists don’t like, then there are no consequences, but not do as leftists dictate, regardless of the law and you will be imprisoned. That is not rule of law, but rule by the elite’s whims, and no different than any other feudal system.

    The problem is that the it is the U.S. Supreme Court who violated the Constitution by legislating, a power explicitly restricted to only Congress. Congress had overwhelmingly approved a law that defined marriage as a union between one man and one woman, all the SCOTUS can do is declare that law unconstitutional, it cannot create offsetting legislation.

    In the state of Kentucky, it’s constitution is unambiguous saying, “Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.” There is no provision in the US Constitution or laws that grant the U.S. Supreme Court the authority to overturn the Constitution of any state.

    Clearly there is no law that Kim Davis is in violation. She did defy a court order, but that court order has no basis in law and is therefore illegal. A court can’t order an elected official to murder a citizen, or otherwise violate the law. Such orders are invalid. A court order in direct conflict with the state of Kentucky’s Constitution is by default invalid. Obviously the Rule of Law is DEAD in the USA, and we are now ruled by the dictates of the elite. More of a Neo-Feudal society than a republic. The elected representatives of Kentucky have made the matter clear with 75% declaring that in Kentucky marriage is the legal union of one man and one woman. America used to be distinct among the countries in that it was a nation under the rule of law, not a nation under the rule of men. There’s a big difference.

    Sarah Warbelow, the legal direction of Human Rights Campaign, the USA’s largest LBGT activist lobby has said, “This situation absolutely didn’t have to happen, if only Kim Davis followed the law.” Exactly what law can she or anybody else cite that Kim Davis isn’t following?

    She can site the SCOTUS ruling but the SCOTUS does not have the power to create law, the U.S. Constitution is unambiguously clear about lawmaking: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” That means SCOTUS cannot make law, PERIOD! So any law dictated by the SCOTUS is null and void and not a law.

    We used to be a nation ruled by law, now we are a nation rule by some ruling oligarchy, who can pick and choose who must follow the law and who can do whatever they want without being held accountable. If it walks like a duck, sounds like a duck, and looks like a duck, it’s a safe bet it is a duck. For the USA if it acts like a feudal oligarchy, sounds like a feudal oligarchy, and looks like a feudal oligarchy, then it’s a safe bet that the USA is now a feudal oligarchy, not a republic based on the rule of law.
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