The rule of law in America is the Constitution as written and originally understood and intended (U.S. Const. Art VI, Cl 2). The presumptions of the Constitution are contained in the Declaration of Independence which declares that the right to life, liberty, and free pursuits come not from man and his government but from God. The presumption of individuals being born with unalienable rights of life, liberty, and free pursuits means that government does not have inherent God-given rights to ANYTHING. God created man and his inalienable rights. Man created government.
This is a very important presumption, missed by many because it hasn’t been taught in government schools. It means that whatever God-given rights man does not delegate to the government does not legitimately belong to the government. The only valid and legitimate power a government has is derived from those individuals who wish to create that government. It means that if it is not a power expressly enumerated in the Constitution to the feds, it is not a valid or legitimate federal power. The power belongs to the states and the people (U.S. Const. amend. X).
This is the crucial presumption upon which the Constitution rests and is confirmed by the Ninth and Tenth Amendments. It is also why the government through its Supreme Court has ignored the Ninth and Tenth Amendments because these amendments confirm strict constitutional limitations on the feds.
The Constitution stands opposed to any federal law that strays from its constitutionally restricted boundaries. The Constitution is the rule of law against the feds – it created and then delegated limited and enumerated powers to the feds. The Constitution is the feds’ Daddy.
We need to familiarize/re-familiarize ourselves with the Declaration of Independence (D of I) and the Constitution. The Constitution as written and originally understood and intended is the Supreme Law of the Land (Art VI, Cl 2). All valid laws of the feds must be “in pursuance” of the Constitution (Id). Those federal acts and laws that are constitutional, are also the supreme law of the land. Those federal acts and laws that are not constitutional are illegitimate, null, and void.
Federal acts and laws untethered to the Constitution are not the rule of law as so many think but are actually acts of tyranny. Any unconstitutional federal acts and laws are by definition acts of tyranny and our obedience to them is obedience to tyranny, not to the rule of law. Unconstitutional federal acts are the rule of man not the rule of law. We need to understand the difference between the rule of law which protects freedom and life, and the rule of man, which brings tyranny and death.
To restore our Free Constitutional Republic, we need to get a better understanding of what is ours in the Constitution. The Constitution is designed to protect our freedoms from the would-be tyranny of the feds.