I was asked to expand upon reference I made in a recent talk about the trail of writings that lead to the founding documents of the United States. To begin the discussion, I want to borrow an excellent graphic from W. Cleon Skousen, the founder of the National Center for Constitutional Studies (see A Miracle That Changed the World: The 5000 Year Leap). At the extreme left end of the scale is 100% Tyranny and what is called "Ruler's Law." At the extreme right end of the scale is 100% Anarchy and is called "No Law." According to Skousen, somewhere in the middle is the sweet spot and is called "People's Law." It is this People's Law that the founders of the United States enshrined in the constitution to defend the people from oppressive government while at the same time protecting them from each other.
Communism and fascism, although sometimes confused as being extremes from opposite ends (one at the extreme "left," the other at the extreme "right"), are actually different names for the same thing: tyranny. They both involve police state control of people's lives. Dictators, Marxists, redistributionists, and Islamic Theocracies all live at this extreme end of the spectrum. Ultimately, the "Ruler's Law" extreme involves control of the people by force for the benefit of the state.
Anarchy and chaos live at the other extreme, where there is no law whatsoever. While this may at first seem to be the purest form of freedom, it takes only a little consideration to see that when everyone is free to behave entirely as they like, nobody is free. This is because everyone's freedoms infringe upon each other.
To officially establish a government in the middle of the two extremes, the founders of the United States drew upon the writings and philosophies of a great many minds. Interestingly, given the very similar style of "classical education" most of the founders received (see American Creation, by Joseph J. Ellis) the founders had similar foundations in literature. (It is a shame that this has virtually disappeared in our society today). This produced a collective knowledge that allowed extremely well-informed debate, and ultimately resulted in the most incredible and unique creation of a government, by the people, for
the people, that the world had ever seen.
The basis for "People's Law" can be traced back to the original Anglo Saxons which began occupying the island of England somewhere around 450 A.D., who in turn based many of their ideas upon ancient Israel (before the monarchy). This concept became known later as "English Common Law:" called Common because it was assumed that it was commonly understood by all to be true, and commonly distributed to all.
This concept of a law common to all came, in part, from the writings of the Roman lawyer and statesman, Cicero. According to Skousen, Cicero expounded upon " . . . the brilliant intelligence of a supreme Designer with an ongoing interest in both human and cosmic affiars. Cicero's compelling honesty led him to conclude that once the reality of the Creator is clearly identified in the mind, the only intelligent approach to government, justice, and human relations is in terms of the laws which the Supreme Creator has already established. The Creator's order of things is called Natural Law." In the words of Cicero himself (Quoted in Ebenstein, Great Political Thinkers, p. 133),
"True Law is right reason in agreement with nature, it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrongdoing by its prohibitions . . . . It is a sin to try to alter this law, nor is it allowable to repeal any part of it, and it is impossible to abolish it entirely. We cannot be freed from its obligations by senate or people, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is God, over us all, for he is the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst punishment."
Cicero concluded that man must rid himself of the depravity that came from relying upon himself, and should instead return to reliance upon "Natural Law." In effect, Cicero predicated that all Law should be measured against God's Law.
The founding fathers of the United States established their new government upon the foundation of Natural Law, summoning harmony with the law's of "Nature's God." How sad that our citizenry have forgotten this great truth.
I will post further installments on this theme, exploring more of the writers and philosophies that fueled America's beginning.
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