Theme: Constitutional Order

EXPLAINING THE HIERARCHY OF LEGAL LEGITIMACY IN THE USA – AND REASON FOR OUR PRESENT CONFLICT

QUESTION
—“does it follow from this that court rulings take precedence over federal law and judges can ‘legislate from the bench’ as we’ve been seeing?”–

(@feafij Are you sure you don’t have a deep understanding of these issues and are just getting me to explain them for the audience? lol Otherwise you’re quite insightful and we need to maybe invest in training you. 😉 )

ANSWER
Problem 1: while the constitution is a document that assumes the common law and the natural law as stated by blackstone, which was the legal frame of reference of the age, this is not explictyly stated other than vaguely in the declaration and preamble.
So, the people are sovereign, meaning they insure one an other’s self determination by self determined means -and sovereign within the limits of the natural law of sovereignty, reciprocity, and duty to sovereignty and reciprocity. All our laws evolve from this simple rule. And that rule is 5000 years old and the core of western civilization and the reason for our difference from the rest.

Problem 2: the civil war, the great depression, and the communist revolution we call the civil right era, allowed the federal government to deprive states of their rights, and expand it’s powers beyond those which were granted by the constitution or the people by amendment.
This has led to the conflict that denies that the USA is at least eleven different sub-civilizations, just as is europe, and that the federal government was designed to provide taxes for defense and dispute resolution between these civilizations and the states they are organized into, while leaving the culture and preferences to the states.
The government is required to guarranteed the bill of rights and a republican government and rule of law, but that is all. WHat has happend is that the governmetn has been captured by activists who wish to produce a monopoly culture across these regions that leads to the natural conflict between large immigrant cities where individuals are powerless because responsibilty is impossible, and suburbs and territories where individuals are not powerless because responsibility is possible.

SOLUTION
The solution the present problem is the devolution of the federal government to its original design as a federation that resolved conflicts and provded defnse, but did not try to create homogeneouety of culture, especially because of this culture war against our soverignty, responsibility, institutions, law, traditions and civilization.
This is what our organizatin is working toward. (Slowly).

HIERARCHY
1) The natural law, the sovereign people under that law, the constitution of those people under that law, and the common law process of discovery of agreement on wrongs, take precedent over legislation and regulation – as we have seen – except where explicitly justified by legislation.

2) Legislation and regulation can modify even the common law, as long as it does not conflict with the constitution.

3) Due to judicial review, the supreme court is bound by the constitution, the common law (history of law, meaning prescedent), and can invalidate legislation and regulation. Most other thinkers will not state it this way but as you can see with the court’s return to law as a science, the court is requiring that there be some common law precedent if one is to impose anything that would impose upon the constitution or the natural law.

4) Legal activism, or ‘lawfare’ consisting of efforts to circumvent the people, and the legislature is a violation of our constitution and law, but is a hole that was abused during the 20th by boy lawfare and ‘positive law’, and betwen the federalist society and justice scalia in particular, and the trump appointments to the court that were recommended by the federalist society, the court is trying to gradually ‘undo’ the efforts at ‘legislation from the bench’, and thus return matters to the states. Most activism of the 1960s onward has been catastrophically harmful but the court needs a case before it to rule those behaviors by the court (see Abortion) or the legislature (bussing etc) and hopefully no fault divorce and ending of liability for interference in a marriage, so that these disasters will be reversed over the next decade.

Note: our organization is trying to plug about eight holes in the cosnstitutiont hat have allowed the undermining of our constitution and law, which are for all intents and puroses and empirical and scientific method of government – and the most empirical and scientific possible for man.

GENERAL INTERPRETATION
While my arguments above are more accurate than the simple hierarchy that we follow in most cases – cases that are not fundamental violations of the natural common concurrent law of the US cosntitution: in the United States, that simple hierarchy of laws is generally structured as follows, from highest to lowest authority:

Hierarchy of Laws
U.S. Constitution: The Constitution is the supreme law of the land. All other laws, whether federal, state, or local, must comply with the Constitution. Any law found to be in violation of any part of the Constitution is deemed unconstitutional and is therefore invalid.

Federal Legislation: Federal statutes, also known as acts of Congress, come next in the hierarchy. These laws must be in accordance with the U.S. Constitution. If a federal statute conflicts with the Constitution, the statute is invalidated.

Federal Regulations: Regulations created by federal agencies are subordinate to federal legislation. These regulations must be authorized by enabling legislation and cannot conflict with either the Constitution or federal statutes.

State Constitutions: Each state has its own constitution, which is subordinate to the U.S. Constitution. State constitutions provide the framework for state laws and must comply with both federal statutes and the U.S. Constitution.

State Legislation: State statutes come next and must comply with both the state and U.S. Constitutions. If a state law conflicts with a federal law, the federal law generally takes precedence due to the Supremacy Clause of the U.S. Constitution.

State Regulations: Similar to federal regulations, state regulations are created by state agencies and must comply with state statutes, state constitutions, and the U.S. Constitution.

Common Law: Common law, or case law, is created by judicial decisions. These decisions interpret the U.S. Constitution, federal and state statutes, and regulations. Common law is considered the “lowest” form of law in this hierarchy but plays a crucial role in interpreting and filling gaps in statutes and regulations.

Findings of the Court: Court decisions contribute to the body of common law. Lower court decisions are binding only within their jurisdiction and can be overruled by higher courts. The U.S. Supreme Court’s decisions are final and set precedents that all other courts must follow.

Key Points
Judicial Review: Courts have the power to review and possibly invalidate government actions that violate the Constitution, federal or state statutes, or corresponding regulations.

Stare Decisis: This is the principle that courts should generally abide by precedent. However, higher courts have the authority to overturn precedents, and even the U.S. Supreme Court has reversed its own decisions.

Conflict of Laws: When there’s a conflict between different levels of law, the higher level generally takes precedence. For example, federal laws trump state laws due to the Supremacy Clause.