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by Richard Walbaum (Author)
Our nation and Constitution were based upon natural law which secured our unalienable rights, and what makes them unalienable is that they are God-given, derived from the nature and purpose of man. This is affirmed by the Declaration of Independence: "We hold these truths to be self-evident, that all men ... are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." This established our nation in a natural law tradition charted by hundreds of authors going back several thousand years, but it has been lost to modern man for about the last hundred.
If natural law is the foundation of our legal system, where is it? This book shows that our law was based on the presumption of liberty. Government could pass any law to protect the general welfare of society, but no law could go beyond what was necessary to remedy the perceived harm, tailored for minimal infringement upon personal liberties. Absent harm, there could be no legislation. This protected the rights of individuals and society, and made us a free country. One Court explained:
"The individual should be granted all the rights consistent with public safety [secured] by an authorized resort to the courts for their protection against all hostile legislation which is not required by considerations of the public health or safety. In the absence of such considerations those rights are alike immutable; in their presence they must alike yield." State v. Gravett, 62 NE 325 (1901).
We lost our liberties when we lost our resort to the courts. In the 1930s the Supreme Court replaced the presumption of liberty with the presumption of constitutionality, making Congress the judge of the constitutionality of its own laws, beyond review by the courts, thereby removing the requirement of necessity, changing our form of government and destroying our liberty by allowing numerous unnecessary laws to become a pestilence upon society.
We have several remedies. This book enumerates many of our God-given natural rights retained by the people that cannot be infringed by government, that we can use to populate the Ninth Amendment. We can follow natural law by using Religious Free exercise, and 96 Stat. 1211. Finally, we can waive our statutory rights to the protection of government in order to exercise rights prohibited by government "protecting" us, such as the prohibition of raw milk and the curing of disease.
Scholars of natural law agree that laws must not be arbitrary or unreasonable, and they must be based upon "right reason" in accord with mans nature, otherwise they are not laws at all and we have a right and duty to disobey. Learn the art of disobedience, the recommended and lawful remedy to tyranny from our natural law tradition.
