THE LAW OF NATIONS

What does it say, and what influence did it have on our Founding Fathers in the drafting of
The Constitution of the United States of America?

http://www.lonang.com/exlibris/vattel/index.html
http://www.constitution.org/constit_.htm
http://www.lonang.com/exlibris/blackstone/


Arguments have been made that the Common Laws of England influenced the drafting of our constitution and was accepted therein by the Founding Fathers.

My contentions, along with many other Constitutionalists and legal scholars, contend this assumption is not true.

In those arguments one needs to research and read the Law of Nations, The Common Law of England (circa 1765) and the Articles of the United States Constitution, and draw comparisons thereto.

Above are the research sites for all.

Please recognize the following are my belief, based on my study of Our Constitutional Republic, a nation of laws, which our Founding Fathers gave us, and the various States of the new republic ratified in 1776.

First, in my opinion, the influences seen in the articles of our constitution more mirror Vattel’s Law of Nations than it could ever be conceived in the Common Law of England. It does not take much reading of our constitution and the reading of the Law of Nations to see the influence it had in the drafting of our constitution.

When you look at Article I of our Constitution and then look at corresponding Chapter 3, 6, and others, of Book 1 of The Law of Nations; you can readily see, not in every word, but in the influence Vattel had on the drafting of our constitution.

As you read further, in each, you will see the differences between The Common Law of England and the Law of Nations, and how each influenced our constitution, or had no influence it. In Vattel’s writings on constitutional republics you find the word citizen(s) use to describe you and me in country, while the English Common Law refers to subjects in its reference to their countrymen.

In that regard, our revolution was fought because our fore fathers wanted to be free from the King’s tyranny, and absolute rule to make a better life for them and the people of this country. We fought that revolution to be freemen.

In that regard, to be freemen, our founding fathers were not about to setup a Monarchy that limited government, and put control in one persons hands, since they had lived that life both in England, and in the Colonies, and found it restricting, over taxing, and invasion of one’s rights as freemen. Since this was the case why in “God’s” green earth would the Founding Fathers set about saddling themselves, and the new nation, with the same? And, so….

they set up a constitutional republic, with representative government, where there are elective branches of government, and those elected were subject to re-election every few years at the will of the people.

In our Constitutional Republic, the President of the new United States of America could only serve two 4 year terms, and then step down; in this manner the new nation could not come under the control of one person, or group of individuals, and then be come something other than a Constitutional Republic, a nation of laws.

You will also find the influence of Vattel, where the means to change the constitution very much came from the Law of Nations, where it references the need from time to time to amend or change the Constitutional Republic, but not at the whims of a few, and thereby set out the process to accomplish that means. In that means it required the people of the new nation to ratify those changes before they become law, through the amendment process. The amendment process was intended to be burdensome and no an easy process for that very reason. In The Common Law of England you find no such mechanism by which this could be accomplished because that nation is ruled by one person, with no representative councils of meaning.

Today, as in the past, our Constitution is constantly under attack from those who want something other than what our constitution provides us; those who see the fruits of their labors and mind sets differently want this nation to be socialistic, marxist, or communist, or some variation thereof, in how we are governed, because they want control with no oversight from We the People, because in their rationale we are to stupid to know what is best for us and our nation. Our Constitution is constantly under attack from within.

There is one quote that resonates with me, and it comes from our recent President Ronal Reagan:

“Freedom is never more than one generation away from extinction. We didn’t pass it on to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children what it was once like in the United States when men were free. ”


in that quote we can see the warning President Ronald Reagan tried to convey to all of us; just because we live in this country, are born of American citizens, are American citizens, does not guarantee our nation will survive by blood rights. It takes our attention to what is going on around us, and in the halls of our representative national and state governments, and to take responsibility thereto.

We as a nation have not done a very good job of paying attention in the past, and all one has to do is look to the current sitting congress to see how much we have not paid attention.

We are now ruled, not by representative government, but by a bunch of socialist/liberals we have allowed to sit in our representative seats of government; mainly by our lack to due diligence at the ballot box each election cycle.

This is changing since our last election (2008), people are waking up (myself included) and realizing that they cannot trust our neighbor to vote our consciences at the ballot box, and thereby forgo making the trip to the voting booth to make our wishes known during the elections.

We all need to get up off our chairs, and couches, and make the trip to the ballot box every two years to make sure on Constitutional Republic survives in its present form; if we all do that then those who would seek to destroy of way of government will not succeed in their quest. The answer is in all of us!

One other quote I will share with you is from Samuel Adams (no not the beer maker):

“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.”.


Next blog article we will revisit, Article II and Obams’s eligibility, study well.

LET US NOT GO QUIETLY INTO THE NIGHT!

Having been silent in my blog postings for over a month, I now find I necessary to pick up my computer keyboard again, and comment on some of my observations over the past month and a half.

First, Happy New Year!

Chasing Obama’s eligibility to be president continues, and will go all the way to the Supreme Court of the United States of America. He is an illegal alien, pure and simple. What’s the difference between Obama and Jesus? Nothing; neither had a long form birth certificate.

Obama’s public approval rating has dropped below 50%, and continues to head toward congresses’ approval rating; this is amassing, since he has only been in office 11 months, amazing. Carter socialist all over again!

Obama has picked up his Noble Prize, for doing nothing, but then it is a very liberal and socialistic organization.

The senate voted the healthcare bill into house conference, in their effort to propel our country further in to socialism. I do not think they will succeed. We will get some kind of healthcare bill, but nothing the Liberals for Kennedy will like.

The CIA is not happy with Obama’s lack of leadership at the national and international level. They blame Obama, and his administration, for the recent deaths of the CIA operatives in Afghanistan.

The military leadership is not happy with the delays in getting the troops to Afghanistan, and Obama’s resurrected Vietnam combat policy (early in the war) of don’t shoot unless they shoot first; we don’t want to offend our “host” nation, which gets our troops and CIA operatives killed; as it did in Vietnam.

And then there is Obama’s Hawaiian Christmas vacation; which masquerades, while his family may be enjoying Hawaii, and it is beautiful scenery, Obama is busy working on his long form birth certificate.

In spite of all this there is evidence, over the past year, that our nation is waking up for its deep sleep of the past 80 years, and finally is ready to take back their abdicate rights from the people they gave them to over the years, their elected representatives in both house of Congress.

It has, in my view, been very encouraging to watch as “We the People” finally not only seen the light, but are now stepping up to the plate, and making their voices heard. The “Tea Parties” and other events are scaring the crap out of the Left. If you listen they are being heard, all you have to do is listen to the Liberal Left MSM bad month these patriots as radicals, insurgents, and out to touch a progressive society and reality; and they are nervous. Even the frightened in congress are downplaying the vocal patriots as radicals, low lever terrorists, ect.

It all starts at the local ballot boxes in every city, county and state in our nation. 2010 should be the resurgence of State’ Rights and the rights of We the People”. We need Conservative/Constitutionalists or Independent/Constitutionalists in our congressional houses, so listen not to what your candidate says, but to what they do before you vote; check them out.

As many have advocated, we need to change the entire face of both house of congress by replacing every sitting representative and senator as they come up for reelection. Some say that would leave us with less experience in government; I say, so what, what have the sitting electees done for our nation, and us while they were there? They have done We the People no favors simply based on the legislation they have produced which has further put all of us in jeopardy, and pushed our nation further toward socialism. As the advocates say, throw the bums out; and if the new elected representatives repeat the same mistakes of the ones they replace, throw those bums out too. It’s an evolutionary process, and it will not happen over night, but overtime. If we do not start today, this month, this year then we are already behind a day, a month, or a year. Watch who funds the campaigns of your legislative candidates; if you see big business and their PACs involved, do not vote for that candidate because they will be owing to that money source if they get elected. Personal donations, state funds for candidates, and the like is what each candidate should be showing on their financial disclosure statement for each run for their respective seats.

Remember, term limits? It starts at the ballot box for each election cycle; we do not need legislated term limits; it’s already there we just use it. In my opinion legislated terms limits is a voter copout that allow the legislative process to preempt going to the ballot box; a process that got us in to this situation in the beginning; complacency.

2009 was a disaster on the executive order and legislative front, and further imbedded the Liberals/ Socialists in our government, which started over 80 years ago. We the People, have now recognize that those in congress, in both parties, have little in common with the people back home, except they all come from where we live.

Our elected representatives, instead of going to congress each year to start eliminating laws on the books which hamper the growth of our nation in jobs, economics, and capitalism, find ways to further curtail that growth through new taxation, new policies and other way to redistribute the wealth of the nation.

If our electees would go there each session and repeal a law or two, and write no new legislation our nation would soon flourish, and head in the direction those of us have envisioned our entire adult live.

If you noticed the economic recession of 2009, has simply vanished, when you look at the recovery of the stock markets, the DJIA is now over 10,000 again, and the other stocks are back where they were before the markets were declared by the OUR government to be a disaster; all of this has been accomplished through nothing the government has done. The recovery was self-induced by the businesses making internal adjustments; as they would have with out our government declaring them in a recession. We all need to remember the government produces nothing, sells nothing, and never makes a profit as our wallets can attest to in our tax bills each year.

This is the current and ongoing problem of our legislative branch of government; most of those who are elected to their seats have never run a company, a business, or had to make payroll. They know nothing about meeting a budget, making payroll or positioning business in a market. That given, how can they tell someone how their business should be run; which they do with every piece of legislation they write, or enact, and is signed into law.

If these elected members of congress were good at running a business that is where they would be, running a business, not sitting in congress pretending to know is all.

That said; this is one of our real issues, in my opinion, if we go back to the founding of our nation; congress met annually, for at least one day, each legislative year to take care of the nations business; which was maintaining a Navy, funding the Army every two years, and dealing with commerce at the sea ports and borders. All money for the federal government was generated by import fees, duties and the like, there were no income tax. Since these legislators were not salaried they did not look to the federal government for their support or lively hood. In doing this they in effect were simply business owners of the nation who ran, and operated, their own companies. When they came to congress each session they brought with them their knowledge, experience, and insight for running a business, making a local economy grow, and did not legislate to interfere in that process. At the end of each session they went home, and continued to run their companies; their compensation while congress was in session covered their expenses, and comparable wages or salaries, and when they went home they took no more money from the US Treasurery. There was no federal retirement program, and they did not expect one, since they never legislated a retirement system during those sessions. Simple and effective, they were business people leading a nation.

Now fast forward to today, and our professional politicians we have elected into congress over the years, my how they have been self serving, and continue to be, and we let them get away with it because we allowed ourselves to think they knew better than We the People how to lead our nation. How wrong we were, and how wrong we will continue to be until We the People change the legislative system back toward the system our Constitutional Republic gave us.

Again, it starts at the ballot box, and in our institution of learning, which is a subject for another day.

Yes the nation is larger than 13 colonies today; but, common sense should also prevail; in the way we take care of managing our federal government. State’s Rights is one of the issues to getting our government back home where is belongs.

One more thing, before I silence my keyboard; Political Correctness is ruining this nation; the fear of offending any one should not be a concern in managing our daily lives, our businesses and our religious beliefs; the secular progressives would like it to be otherwise, and they have tried put the fear of government in all of us in place of the fear of God which we were raised to believe would be our bane if we did not live up to the Ten Commandments, and the bible’s preaching; and yes we are a Christian Nation first, last, and always.