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Today is
Sunday
August 01, 2010
02:38 AM

Anybody with experience in court knows that the words written in the U.S. Constitution are either ignored or forbidden during deliberations. Why is that?

It is because the Founders of the United States, who wrote the U.S. Constitution, were learned lawyers -- well trained. For about six hundred years it had already been the custom for law to be defined by looking at decisions made by judges who had heard similar cases in the past. Around the same time as the Magna Charta became the guiding principle of justice in Great Britain, the legal profession decided to be efficient. They decided that once a decision about the law was made, it should stick. If it applied to this case, it should apply to the next case. Lawyers call this principle of legal interpretation "stare decisis." (Latin for "It has been decided.")

The writers of the U.S. Constitution could have etched their words in stone, preserving the application of those great principles for future generations, but they felt that to do that they would betray what they had been taught about "precedence." They left their written words victims to change. They caused the U.S. Constitution to become a "living" document, dead today to its original meaning.

They could have prevented the living death of their great work. They could have included a paragraph in the U.S. Constitution that would have preserved it for us. They could have said, "The words of this document in their ordinary, original English language meanings shall be applied on a case by case basis without reference to any judicial decision."

They did not do that for us. Therefore, when you go to court, leave your copy of the U.S. Constitution at home. A Texas lawyer recently resigned his membership in the Texas Bar Association because a judge ruled that a brief he filed, citing the U.S. Constitution, did not refer to any "authority." And it is true. The lawyer had cited no judicial opinions. He only mentioned the U.S. Constitution. Therefore, his document was rejected. The U.S. Constitution was ruled as having no authority. No less than the Federal Judge who heard the Oklahoma City bombing case did that.

What can we do to restore the authority of our Constitution? How about inviting friends to read this page? How about e-mailing this page to a friend? How about inviting your friends to listen to Truth Radio's programming? How about placing an advertisement for Truth Radio in your local newspaper? How about working to inform school children that when their teachers tell them our society is ruled by law, those teachers, as well meaning as they might be, are voicing tradition -- not truth. Until we have leaders willing to restore force to the actual words of the U.S. Constitution, our nation is under the rule of men (judges) not law.

-- Richard Palmquist
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