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A Rigged Game

A Rigged Game

Common Law vs. Roman Law
by Joel Boniek

There is a VERY BIG PROBLEM in the whole legislative process.  I see it in nearly every bill that I evaluate.  Our elected representatives do not know the proper role of government, as laid down in our founding documents and our western, English common law heritage.  We have become functionally illiterate in the American Civic Creed.

We have effectively forsaken common law, and have taken up Roman, civil law, which is political law. This is law according to the whim of men; law by whomever can get enough votes to implement the agenda they have chosen.  It is all based on gaining political power.  But  political power is the power to be exempt from the restraints which apply to all people who are not in government.  We are also ruled by commercial law, and have been tricked into signing away our common law, constitutional rights.  We are now commercial persons, subject to commercial law, with government supervision and regulation of all our human endeavors.

So we try to send representatives to Helena, and to DC, who will write “better laws”, and try to write into law more freedoms, so the corporate workers can have more liberty.  But it cannot work, because we are too ignorant of the tricks that have already put us in bondage.  We do not know who we are, our status as free people with God given, inalienable rights.  We have all signed away our status by contracting for social security, federal benefits, driver licenses, permits,  and many other things that contract us into status as federal employees and servants.

So many of our representatives act and talk more like fascists, or statists, than constitutionalists.  While they ought to be repealing LARGE  portions of the state codes, and eliminating government agencies,  they revise, tweak, amend and alter the codes, and make the situation more confusing, more burdensome and hardly improved.  See below for a list of short definitions which clarify what we had in America as compared to what he now have.

THIS APPROACH IS ALL WRONG.

We need  a shift in  the paradigm.  We need an educated citizenry, who know common law, know how the judicial system ought to be constituted, and how a free society is ordered.

Then we need to elect our best men to go to the legislature and put these principles into practice.  Now our candidates are poorly vetted, poorly read, and poorly prepared.  So the broken system is perpetuated, and we make NO REAL PROGRESS TOWARD FREEDOM.

The proper role of government is to PROTECT OUR RIGHTS TO LIFE, LIBERTY AND PROPERTY.  The role is negative, not positive.  It is to protect from infringement, not to provide or supervise.  Nor is it to so regulate our every action so we do not cause some potential harm.  (This is the justification for nearly every regulation and law:  to make sure someone does not cause some potential harm).

The only system that can work in a truly free society is to base all laws on 2 principles,  on which every society can agree:

1.  Do all you have agreed to do.  This is the basis for all contract law and business dealings.

2.  Do not encroach on any person or their property.  This is the basis for tort law, and the interpersonal actions among people.

The summary of all this is the common law principle:  If there is no victim, there is no crime.  (NO harm, NO foul.)

No one would want to live in a society where these two principles are not the law.  But the only civilizations that ever had any measure of freedom are the ones that have been based on these two laws.  Most of the world has never had any concept of these laws, and so will never have any freedom.  In proportion to our loss of these principles, we have lost our freedom.  We will not regain it in the current direction.

So the pressing need is to relearn the American Civic creed, and to learn our proper status as free people.  We need to renounce our corporate entanglements, and start to live as free people who know our place and status.

Until we do this, we are playing a rigged game which we will never win.

For a list of laws before the Montana Legislature and DO or DO NOT PASS recommendations, click here

Definitions

GOVERNMENT
A collection of persons, who have by means of purchase, connections with those in power, rhetoric, or manipulation (or in less frequent cases, by the efforts of those who have chosen him to represent them), who trade favors for the opportunity to promulgate their individual or collective ideas or ideology within or in spite of some stipulated framework (called “form of government”). No exceptions. Government is people, ideals notwithstanding.

PURPOSE OF GOVERNMENT
To protect, from the periphery of life, the natural rights of its own citizenry and those it chooses to tolerate among them, by keeping order within its borders and protecting the borders from intrusion on that order.

“ROMAN” LAW (actually a corruption thereof)
Rules to restrict the populace, with the assumption that no one has what is not directly allowed him or granted to him by the ruling authority. Assumptions of guilt until one can prove himself innocent (even of a negative) are implicit. Permission must be obtained for everything and may be withheld for anything by the ruling authority. Laws are justified on the basis of power held by those who exercise it. This is the standard form for all of continental Europe now (including Germany after it was conquered in the world wars), which has spread to the British Isles and its former colonies.

COMMON LAW
Prescriptive laws, growing out of long-standing custom, use and enjoyment by and of a particular defined people group. Comports with normal daily life of that people. Typically leaves more in the hands of the private sphere than in the public sphere, and restricts the governing authority more than those governed. Everything not specifically forbidden is allowed. Innocence is assumed until guilt is proven by the accuser. This was the form of law for the ancient Germans (who stopped the Roman incursion into northern Europe at the Rhine), and spread with the Anglo-Saxons into Britain, retained in some form even through the Norman Conquest, and exported with the colonists to the Americas. Subsequently unguarded and corrupted.

RIGHTS
Must be differentiated as Natural Rights or Political rights, according to civil (“Roman”) or common law.

NATURAL RIGHTS are the opportunities to do one’s duties in whatever manner one sees fit, with the expectation that the manner will follow the customs of one’s people. These rights are not license to get anything from others’ labor or property, nor are they protected privileges to shirk one’s duty, nor are they granted to one by any physical entity. They are enjoyed by virtue of one’s humanity and may not be infringed by any entity without extreme cause, and then only for a limited time to rectify some situation.

POLITICAL RIGHTS are those granted to certain groups of people for certain circumstances by those in power, to advance a certain agenda. They may be revoked at any time, with or without reason or cause or notice or process. They usually involve the taking of the property or fruits of the labor of some to redistribute to others more favored by the powerholders, or these rights may involve the excusing of retribution or legal consequence for refusal to perform a natural duty.

FAMILY
The reason for the existence of the State. A family is a man and a woman united by the vows of marriage, mutually supportive of each other, and their human dependents, usually in one household. The State exists to protect those vows of marriage, mutual support, private property, and the legal inheritance of such families, so that good order and properly functioning societies can continue, for the greatest possibility of prosperity for all.

INDIVIDUAL
A part of or potential part of a family. Not an independent entity, or autonomous. The ones not attached to a family bear greater obligations to the general society (for example in levies share) than those contributing to the well-being of society by being within a family.

ECONOMY
The production of a family and the collective production of many families in a community or nation. These may be tangible and intangible products, such as crops or goods or well-mannered children or health care or moral support or neighborly assistance, as gifts or bartered or bought. Shareholding in companies is still an action of families for families, and effects of actions on families must be weighed and calculated.

PEACE
The state of being in which a family and individual can pursue his or her chosen means for the fulfillment of his or her duties without threat, and without impositions on his or her time and energies and resources and emotions. Also called Good Order. The responsibility of all, including the State.

The Declaration of Independence

The Constitution of the United States

Amendments to the Constitution of the United States


Caesar's Law Makes an Empire Not a Republic

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