Common Law v. Constitutional Law
The source of your Rights
How many times have you heard someone say, or have you referrenced, “our constitutional rights?” We do not have any “constitutional rights.”
The U.S. Constitution is not a document defining our Rights as legal American citizens of the United States. It’s a document establishing a Federal Government under certain terms and conditions, and assigning the different branches of that government with certain specified separate duties, and the powers to carry out those duties.
What about the Bill of Rights? Again, this document is not an enumeration of the people’s Rights. Instead, it is a list of additional specific prohibitions of government power. Each of the ten amendments in the Bill of Rights is a specific prohibition of federal authority, establishing that all other Rights and powers remain with the People under the 9th amendment, or the States under the 10th.
These two founding documents only establish the limited powers of the Federal government. They have nothing to do with the Rights of the people, other than the Bill of Rights is a specific protection of certain People’s Natural Rights, via the prohibition of federal authority in those areas, such as the “inalienable Right” to keep and bear arms.
Our Rights do not come from government. Their power and authority comes from us, We the People.
The only Founding document that talks about our Rights as American citizens is the Declaration of Indepenence. The true source of our Rights is established in the opening stanza of this document;
“to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them;”
The “Laws of Nature and of Nature’s God” are the source of our Rights. Our Rights are “endowed by our Creator,” not regulated by our public servants.
Constitutional Law is based upon the Natural Rights of the people under The Laws of Nature. Freedom, liberty, Life, the Pursuit of Happiness, are all “Natural Rights.” Government has no authority or power over Natural Law or Natural Rights.
But the government is in full control of everything and everyone via the use of British Common Law, which makes the Judicial Branch an unelected, unaccountable, partisan appointed oligarchy able to undermine and destroy all Natural Rights of the People, via court opinions, what they claim is “case law.” Under Constitutional Law, there’s no such thing as “case law.” Only the Legislative Branch is granted any lawmaking power.
Constitutional Law and Common Law cannot coexist as a result. One is used to destroy the other.
We either have Constitutional Law, or the courts stand in violation of the Constitution itself, for using Common Law practices and procedures to destroy the inalienable Natural Rights of the people.
Last, “unalienable” and “inalienable” are not really synonimous terms. Inalienable is the correct term when discussing the Rights of the People.
That which The Laws of Nature and Nature’s God have given, no one has the power to take away. That’s what it means to be “inalienable.”