Rule of Law: The Duty of a Representative

The current defiance of many Texas State Representatives to respect the will of the people in regards to the election of the Speaker of the House offers another opportunity to teach the principles of the American Rule of Law.

This is the 4th lesson: The Rule of Law.

Restatement: The purpose of government is stated in the Declaration of Independence.

According to the Declaration of Independence, the purpose of a people forming  government – the institutional administrative state – is to ensure and protect their Creator-endowed rights.

  • To ensure is to make certain that something shall occur or be the case.
  • To ensure against means that a problem or deviation shall not occur.

For those Creator-endowed rights to be infringed would break the terms of the agreement between the citizen and that formed government.  americanruleoflaw

The republican duty of elected representatives.

The purpose of republican representation is to provide a continuous check  – or stop – upon the created government’s administrative state infringing upon the Creator-endowed rights of the people.

To allow infringement is to oppress your own neighbor; your own constituent.

Example of lawlessness to the Rule of Law:

  • One of the most egregious infringements of our Creator-endowed rights by both elected representatives and the administrative state is the total disregard for the Rule of Law’s initial self-evident truth: “all men are created equal”.
  • When representatives and/or members of the administrative state make judgments according to the condescension of their opinion – or concensus of opinion as to HOW best those rights are enjoyed – they are violating the Rule of Law.

So, what’s wrong with this response?  [gview file=”http://bcsteaparty.com/wp-content/uploads/2014/12/redactedStraussupport.pdf”]

This form letter from a State Representative presents a teachable moment in the philosophy of conservative republicanism.

Points of error in adherence to the Rule of Law.

  • A Republic’s greatness is determined by the protected rights of the individual citizen.

No republican representative should vote according to his opinion as what’s best for the future well-being of his district, or the Great State of Texas.

These democratic group terms first nullify, and then oppress the concerns – the Creator-endowed rights – of the individual constituent.

Such democratic groups are merely factions demanding exclusive “rights” at the expense of the Creator-endowed rights of individuals within their own community, state, or nation.

[See: Federalist 10, Madison.]

  • To call for new leadership in government is the right of the people.

“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…”  [The Declaration of Independence]

The duty of the representative is to ensure that the rights of the people are not infringed.

To assert his own opinion into the argument is moot. He is bound by oath to see that the rights of the people are secure.

To ‘explain’ to the constituent that his opinion negates their concerns is itself a negation of those very rights he is duty bound to ensure and protect. Such a statement is in opposition to the most crucial principle comprising the Rule of Law – the equality of all men before God and The Law.

  • The individual is the only determiner as to the inviolable nature of his rights as well as his best self-interest.

It is irrational in conservative republican understanding for any man to deem himself capable to determine the best interest of another. Nor can any man determine his innocence as to whether he has infringed upon the rights of another.

“No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity.” [Federalist 10 – Madison]

The republican representative’s duty is to protect all constituents’ liberty to determine their own self-interest through opportunities of God’s providence.

  • It is pure presumption to determine as to what that self-interest is and how it should be made manifest. One does not need to be a constitutional scholar to know that crony-corporatism/fascism as well as Marxist/Statism is a violation to the Rule of Law.
  • For a representative to vote to make the constituent accountable to that dictated interest is the stuff of tyranny and oppression. Such an act is in complete opposition to the principles that define conservative republican.
  • Especially, when that vote of preference and consideration is done to satisfiy the desires of group factions.

“The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of government.”  [Federalist 10 – Madison]

Providence is the realm of God. Man’s error is to confuse Means and Ends.

In the American/Texas Republics, God alone is our provider. For any elected official or member of the administrative state to determine the providence of our Creator-endowed pursuit of happiness is complete disregard for the Rule of Law. To choose how pursuit of happiness is to be  conducted is a mistaking of Means and Ends.

The Rule of Law follows that principle that it is the security of each individual’s Creator-endowed rights which provides the foundational Means to the good End of a prosperous and charitable individual , as well as community, state, and nation.

[We highly recommend Henry Hazlitt’s The Foundations of Morality for more instruction in the subject of philosophical Means and Ends especially in regards to the morality of our pursuit of happiness accorded to all men by adherence to the Rule of Law.]

  • Answered prayer for wisdom and instruction cannot contradict God’s Law.

Scripture is very clear. God never favors the oppressor – the man who rules in opposition to His Law. Therefore, it is a logical and moral absurdity for the infringer of our Creator-endowed rights to determine and proclaim his righteousness before God in having done so.

  • In a Republic, adherence to moral principles defines “leadership”.

The conservative republican appreciates that leadership is a title accorded to men who adhere to those Creator-ordained fixed principles of truth and morality and in whose eyes a reprobate is understood as a reprobate. [Psalm 15]

Conservative republican leadership is the capacity to maintain adherence to those fixed principles of Truth and Morality, the Rule of Law -….even when criticized for doing so. [Psalm 119]

It is the liberal, progressive, moral relativist who, without any appreciation of absolute Truth and Morality, is able to attach the term “leader”  when admiring the skill of a man who perverts others in the wholesale rejection of objective truth and morality. To admit to admiring such a man most certainly signifies to the conservative republican constituent that he should consider the ethics of such an admirer and to question whether such a man has the necesary character to fulfill the duty of his position. [Exodus 18:21, Proverbs 28:4]

Therefore, if we the people state that Joe Straus as Speaker of the House has maintained a policy that rejects the will of the Party Platform and constitutes a constant danger to the security of our rights, it is irrational for any conservative republican representative to testify to the goodness of Straus’ leadership skills and the political agenda he is pursuing.

The continuity of a Republic is determined when the FIRST duty of representatives in that Republic is to maintain the absolute inviolablity of OUR rights from the adminstrative state government. 

C. S. Lewis explains the intent of this lesson.

CSLewisProgress

 

Encouragement: We are all united in rediscovering these Founding Principles.

We appreciate that our entire culture has suffered the indoctrination of moral relativism and the heralding of democracy at the expense of republicanism. We all have had to study to remind ourselves that there is a foundation of fixed principles of Truth and Morality. And, that these God established principles determined the self-evident truths of our Declaration‘s declaration of the Rule of Law and the purpose of government.

We offer correction and education in these necessary tools to ourselves as citizens, and to our elected officials, so that they can be better representatives by simply reaffirming that their duty is simply be a check against the infringement of the Creator-endowed rights of the citizens he serves.

No conservative republican should fear or loathe correction because our end is always focused upon better understanding of eternal truth.

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