Trespass and the law pt.4
Updated: Mar 15
If you are still with me so far, I covered Principle and Rights and delegated authority and government abuse and used Ammon’s case as an example. Now we move on to provisions in our constitutions but before I do it is imperative to understand that the Constitution cannot be read or understood without the Declaration of Independence because it is what prompted the Constitution to be written. It is also understood or was, that the Declaration was the Spirit of the Law and the Constitution was the Letter of the Law. To clarify the connection, when you read a provision of the Constitution, read it with the mindset that you just left the tyranny of a King and your desire for freedom from oppression. There is no doubt in my mind that if read this way, the Constitution would be read in the proper context and orders from a government would not be consistent with that Spirit of the Law and people would not be as tolerant of our government as we are today. I will by no means cite the entire constitutions only enough to make my points.
Declaration of Independence
Preamble: 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 among these are Life, Liberty and the pursuit of Happiness.–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 to abolish it, and to institute new Government,
Constitution of the United States:
Preamble: We the People… in Order to form a more perfect Union…establish Justice, insure domestic Tranquility…secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
In other words, everything enshrined in this Constitution is by and for the People to insure tranquility and secure the blessings of Liberty and anything else contrary is simply unconstitutional.
Bill of Rights
Created to further limit the federal government from the encroachment upon the states and the people, the original 10 amendments that specifically declare what the federal government couldn’t do. Think of these as the Ten Commandments and instead of “Thou shalt not, replace Thou with the federal government shalt not.” The creation and establishment of these documents established jurisdictional boundaries not only between the states and the federal government and the the states but between the federal government and the people.
When we look at our Founding documents, even at a brief glance, one has to conclude that the Founders sole desire was to limit the government so that people would be free and that they would never be under the thumb of an oppressive government. Today, sadly, the government tells us what our rights are and how to property understand the Constitution. If our Founder’s were alive today, those in positions of power today may have been hung.
Preamble: Preamble: the people of the state of Idaho, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare do establish this Constitution.
I admit I am not a fan of many provisions in our state Constitution and sadly for us, the citizens of our state do not possess the history of the creation of our constitution like we did with the creation and establishment of our Federal Constitution. If we did, I am pretty sure it would be plain to see that the minds of the creators for Idaho were not nearly so much like our American Founders. I do know during that time however, there was strong push for types of socialism and control, that I surmise most likely came from the same globalists’ minds of today. In learning about constitutions, it becomes easier to see the more one reads it but the Preamble does fit quite nicely in our conversation. It is still important however to understand that Constitutions were written to outline what government could do, not what people couldn’t do so when you read it, make sure you have that contextual understanding. Also remember that statutes cannot lawfully supersede the Constitution and if desired changes are to be made, there is an amendment process not by simply passing a statute.
In part 5, we review the statutes.