Any fool can make a rule
And any fool will mind it. – Henry David Thoreau
To fully understand the situation in America’s legal system today, it is important to first understand the nature of a law.
Webster’s 1828 Dictionary begins its definition of “law” with the following: “A law is that which is laid, set or fixed, like statute, constitution.”
A law is thus a set rule by which an individual or society of individuals is expected to live. The key is that in order for the rule to be a law, it must be set or fixed. It must be permanent. If it can be repealed or amended, it is not a law, but simply a piece of legislation. No law is good, nor can it be expected to serve as the foundation for a stable society, if it is subject to change. And yet every single law in America, even every Section, Article, Clause, and Amendment of its Constitution, is characterized by being subject to amendment or repeal at any time. There is nothing “set or fixed” about United States legislation.
The law of gravity is called a “law” because of its immutable nature. It was the same thousands of years ago as it is today, and will remain the same a thousand years from now. We do not bolt our furniture to the floor because we know the law of gravity will always hold our furniture in place. Nearly everything we do is based upon the understanding that the law of gravity will always exist and will never change. If it were subject to change, then it would no longer qualify as a law – but because it is constant, permanent, and unchangeable, it has been given the name of “law”. It is also called a “law” because it has always been in existence. We did not wake up one day and discover that an invisible force held us to the earth’s surface. It is a principle that makes life possible, and this principle has been here since the creation of the universe.
Conversely, human legislation is imposed upon a society that has existed without it prior to its passage. The citizens are going about their business one day, and the next discover that something has been made illegal – or legal, depending on the situation. Citizens previously in good standing with their society’s legal system may suddenly find themselves criminals, or criminals may suddenly discover that their crimes are now condoned, all due to the whims of legislation. Human legislation also only lasts, at best, as long as the society for which it was made. In that time it can be changed to suit whatever desires the legislators (and whoever holds sway over them) may be. This is not by any means the nature of law. It is, however, the nature of whim.
Ancient Medo-Persia came to at least partially understand that law must be permanent in order to truly be law. This is why we read in Daniel 6 that their decrees, once enacted by their king, could not be revoked, but were considered permanent. They knew that any law which could be annulled was in fact no law at all. However, they overlooked that any dictate of man eventually dies, because as man is finite, so is his legislation. Likewise, human laws have not always been, having a day of inception and institution, thus also disqualifying his legislation as true law. Only a Lawgiver who has always been, is, and always will be can issue law it its truest sense.. Despite their policy of supposedly irrevokable manmade laws, Medo-Persia eventually fell, and with it their decrees. In the end, their “laws” were still dust on the wind.
Any government based on a constantly evolving legal system is built on shifting sand. It is grounded, not in law, but in lawlessness. It tries to build a society on the anarchy of bureaucratic whim. This is the nature of the United States government, on both Federal and State levels. Due to this, America is not by any means “a nation of laws”, but a nation of absolutely no standards. This is apparent by the fact that the United States Constitution, which is always subject to amendment and repeal, declares itself “the supreme Law of the Land” (Article 6, Clause 2). If the “supreme Law of the Land” can be changed by popular vote or act of Congress, then it is NOT the “supreme Law” by any means. Supreme Law cannot be altered in any way. It is above amendment or repeal. It is immune to any change by anyone. And yet, twenty-seven amendments have been added to the Constitution, one of which (Amendment 21) repeals the other (Amendment 18). The “supreme Law” of the United States not only does not qualify as law, but is not even supreme!
These “laws”, all of which being subject to alteration or repeal, are not, by any accurate sense of the word, laws. They are merely legislation. The two are not the same. While true laws are permanent and unalterable, legislation is neither. Legislation is merely a societal control imposed by legislators upon the people. Even the best, most beneficial “laws” on the books are nothing more than arbitrary legislation if they can be changed or abolished by the whims of the people or their government. Suppose that tomorrow legislation passes making the murder of unborn children a capital crime. Christians everywhere would celebrate, and rightly so. But the change would be tenuous, constantly in danger of reversal because at any time new legislation could overthrow it. Thus it would not be law, but capricious legislation.
Such is the system upon which the United States of America rely for justice, tranquility, provision for defense, promotion of general welfare, and the securing of the blessings of liberty (as per the Preamble of the Constitution). The United States is not “a nation of laws” but a nation of legislation. The United States are, in fact, lawless and anarchistic.
This is the nature of the so-called “laws” that govern the United States. I hope you can see at this point the bleak situation in which we find ourselves. Perhaps this helps you identify the root cause of the rapid moral decay America has suffered over the past two hundred years. The root of the problem is not Democrats or Republicans or any other political party. Nor is it the Federal Reserve or the United Nations or the current President or immigration or imperialism or corporations or monopolies. All these things are simply symptoms branching out from the root of lawlessness which we have identified above.
Before the lynching mob comes after me with torches and pitchforks for being “unpatriotic” and “unAmerican”, let me first ask: Is it unpatriotic to point out what has caused her decline and imminent downfall, or to blindly defend it? If we want to save America from her inner decay, we must first identify the the root of the problem – and the root of the problem is an inherent lawlessness. If we want America to stay on its self-destructive course, then we will embrace, laud, and defend its foundation of shifting sand, ie, the Constitution and all legislation based upon it and the system it creates. As a Christian American who loves both his King and his country, I choose to reach for the only hope which can save us and reject the weight dragging us into the depths, and urge others to do the same.