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Friday, August 3, 2018

What Happened to Constitutional Rule of Law?

Our judicial system is a disgrace.

In law school, ever wonder how many lawyers and  jurists are required to study the Constitution, the Federalist Papers and other original foundational documents? (Afterall, to properly drive a car, doesn't one have to possess at least a general understanding how the car operates and, very importantly, the rules of the road?) 

Thus, one would logically think that, at the very least, the careful study of original documents would fully consume the first year of law school. No? I mean, after all, our law's origin is supposed to be these foundational documents. Right? However, from all I've read and heard, a paltry 1% of law school grads--at best--understand the constitutional foundations of our law. 

In truth, many of us layman are very likely more knowledgeable about original meaning and intent than most lawyers. It's the lawyers' ritualized "legal process" and the maze of errant laws which give attorneys an edge over us. 

My guess is that those one percenters who, one way or the other, learned something about our founding principles most likely familiarized themselves with those founding documents during their free time--not as part of their classroom instruction. (So, though badly outnumbered, we must be thankful for that 1%, wherever they may be hiding.) 

Given this scenario, is there any wonder why our legal system has strayed so far from the Constitution and the Rule of Law? Today's legal eagles are taught "case law", the reckless principle of "stare decisis" and how to win legal arguments, the be-all-end-all, the bread and butter of modern jurisprudence, which, over the years, has served to routinely contradict, violate and further erode the importance of our Constitution's original meaning and intent. Most lawyerly types and jurists are simply blind to, ignorant or dismissive of those all-important foundational rules of the road. From all I've observed, it's a good ol' boy fraternity of income-driven lawyerly competitors, implacable enemies in court and drinking buddies after the verdicts are reached. For most, it is a game dictated by fabricated rules of the road. Add self-serving political and ideological agendas to this toxic brew, and what we end up with is a faithless, whimsical "living constitution" which enshrines revisionist interpretations and misapplications of the law which further hasten our Constitution's slide into irrelevance and, ultimately, oblivion. End product: Rule by Man, not Rule of Law. And that's where we are today. Tragic.

Any wonder why so much chaos, dysfunction and tyranny both at the Federal AND State level. Lesson learned: when one no longer refers to the road map or GPS, one inevitably gets lost.

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