đŻ "...The Constitutional Republic is predicated upon the Rule of Law, not the instrumental subversion of rule through law..."
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Under the realist tradition of Natural Law Constitutionalism, there exists an ontological Natural Law Barrier, limiting power. This barrier dictates that because reality is not the governmentâs (or corporationâs) creation, it is strictly beyond the governmentâs jurisdiction to redefine. Contrast this with the intellectual Constructivism of legal positivism.
When (as with constructivism) the requirement that law answer to reality is removed, the hierarchy is inverted; law governing reality, rather than reality governing law. Once this inversion occurs, institutions claim the power to âconstructâ the social order by decree. Whether it is marriage, sex, or identity, the question is no longer whether the claim is true, but whether the regulatory authority has approved it.
We have witnessed the subversion of legal language, where the term âRule of Lawâ is invoked to defend its exact opposite; âRule through Lawâ. The Rule of Law is a restraint. It is the principle that law stands above office holders, serving as a shield that protects citizens by binding the government to fixed, objective principles. Rule through Law is an instrument. It is the subversive use of legal forms; courts, regulations and statutes, as a sword to impose the will of office holders (and who/what funds them) upon the citizenry.
âšRule through Law is particularly insidious because it maintains the aesthetic of the Rule of Law. It uses the same mahogany courtrooms, the same complex legal jargon and the same procedural formalities. However, while the forms remain, the function is inverted. Instead of the law acting as a limit on power, it becomes the primary vehicle for exercising raw, unchecked power under the illegitimate guise of âvalidâ procedure.
The American Founders were not naive to these trends; they explicitly recognized and rejected them, which is why they specifically encoded Natural Law into the Declaration of Independence precisely to ensure that the constitutional structure never lost its coherence. Founder Justice James Wilson, a primary architect of the American legal tradition, insisted that before a judge could âascend to the task of Judgingâ, they must first reject the âskeptical and illiberal philosophyâ then prevailing in Europe. The very philosophical lineage which spawned; Constructivism, Positivism, Idealism and all ideological variants of Collectivism.
The Constitutional Republic is predicated upon the Rule of Law, not the instrumental subversion of rule through law. This is a matter of urgency for Education and Professional Training to address, to comprehend and to remedy at the causal level.