Starting Another Year

The arms of John Churchill, 1st Duke of Marlbo...

The arms of John Churchill, 1st Duke of Marlborough, are encircled by both the Garter and the collar. (Photo credit: Wikipedia)

I think it very important to thank Jess for her wonderful article yesterday. She said many nice things about me, some of which are true. :-) Where she is really right, is the strain of writing a blog. I decided quite early that it was reasonable to post at least once a day, and while I have never really reconsidered, doing my 4-15 hundred words 7 times a week and 52 weeks a years has often been a strain. Part of that is the unrelieved gloom of the political situation. and part of that is my memory of a better America, where a man worried about his honor. The good thing is that I have found it still exists, you just don’t see it on TV. And not just us old Americans either. One of the lessons that Jessica brings us is that the generations coming after us, and indeed in England as well as America, are very much like we are. We definitely need to increase the tribe, but that can be done. We are not starting completely over.

And, never doubt that she is an integral part of this blog, her by-line hasn’t appeared much in the last few months, and there are reasons for that, I understand and agree with them, but without her, this blog would have gone under several times, when she has rescued me from the ‘Slough of Despond’. It will likely happen again. So, if you like what I write, remember what I told a distinguished contributor from her wonderful blog, All Along the Watchtower yesterday, ” A lot of it, which won’t surprise you, is Jess, more behind the scenes than I would prefer. Muse, partner, supporter, and more, I wouldn’t have made it this far without her.”

One of my hobbies (time-wasters, if you prefer) has become the real estate listings in the £ Daily Mail. No, I’m not seriously shopping but when you live in a world that was settled slightly over a hundred years ago, it is fun to look at houses that are a bit older. Like this one.

CLI140692_01_gal (1)

Click to embiggen

It’s in the village of Painswick in Gloucestershire, and it’s called Castle Halle. The description says it is the third castle on the site which records say was occupied by Saxon Thane Ernsige before the Conquest. It passed into the control of the Lords Talbot, and the final Talbot, John of Shrewsbury  demolished the castle in about 1442 and there are some traces remaining. Sir Henry Winston lived here until his death in 1618 and presumably raised his daughter, Sara, here. Sara made a pretty good marriage, marrying Sir Winston Churchill whose son, John Churchill, later the First Duke of Marlborough, who became Queen Anne’s great general, and whose family eventually brought us another Sir Winston, and intermarried into the Spencer’s as well, thus being ancestors of Princess Diana as well.

I don’t care what you say, you just can’t buy a house with a history like that like that in Nebraska :-) I would bet ours are a bit more energy-efficient though.

But, hey, it’s Sunday and we try most weekends to have a movie. So let’s start the fourth year right, with a John Wayne flick. How about War of the Wildcats, and while we watch it, maybe we should think about having an oil boom somewhere besides North Dakota and Texas.

Enjoy

I Am Become America; the Destroyer of Dreams

Or not, what will we choose?

In 1903 this happened

First_flight2

Those bicycle mechanics from Ohio flew about half the wingspan of a 747, and changed the world, forever.

66 years later, yesterday we, America, did this.

moonlanding

Later on, we left a car, like this:

That’s a good summary of my America

But 24 years to the day before that flag went up, a man, in Alamogordo, NM said this:

I am become Death, the Destroyer of Worlds.

He had just watched this

But, you know, Dr. J. Robert Oppenheimer was wrong, at least so-far. The nuclear weapons program has not destroyed any worlds, in fact its very first result was to save at least two million casualties, half of them Japanese, it then went on to help prevent war between the US and USSR.

Si vis pacem, para bellum

And thus America’s course through the stormy 20th century.

But you know, yesterday was the 45th anniversary of the day we landed on the moon. Other than the internet, what have we accomplished since?

Maybe this is why.

Think about it.

This is more like America

Legitimate Government, Evangelical Lutheran Style

‪Norsk (bokmål)‬: Hermann Sasse.

‪Norsk (bokmål)‬: Hermann Sasse. (Photo credit: Wikipedia)

 I will shortly be posting an article at All Along the Watchtower (Jess’ site) on Luther’s Two Kingdoms doctrine. [It is now up, and is here.] In it I am talking about the interference we are currently seeing in our churches, both here and in the UK, from the secular authorities. I think you should read it. I will update with a link when it is available.

In any case, while researching that article, I came across an essay by Hermann Sasse entitled: THE SOCIAL DOCTRINE OF THE AUGSBURG CONFESSION AND ITS SIGNIFICANCE FOR THE PRESENT This essay was originally published in the Kirchlich-soziale Blätter in 1930. In April 1928 he was called to be pastor at St. Marienkirche, Berlin, and Sozialpfarrer in Innere-mission (“social pastor in inner mission”).

[...]The assertion “The power of the state arises from the people” is false according to Lutheran doctrine, if it would be more than a formal description of the proceedings in a modern state, by which a government is formed. The power of the state proceeds from God. One last reminder of this lives on in the religious formulas and forms with which modern peoples still surround the state and civil life.

Any political power which has arisen out of anarchy may become a God-given governing authority, if it fulfills the tasks of the office of governing authority. This task is the assurance of peace and the maintenance of law through external power, the symbol of which is the sword. The governing authority is a “Servant of God, the avenger for those who do evil.” [Rom 13:4] Legal governing authority is distinguished from religious power in that it not only (as does the latter) possesses power [Macht] but uses its power in the service of law. Both belong to the essence of the state; Power and law [Macht und das Recht]. A governing authority which bears the sword in vain, which no longer has the fortitude to decisively punish the law-breaker, is in the process of burying itself [gräbt sich selbst das Grab]. A state which removes the concepts “right” and “wrong” from jurisprudence, and replaces them with “useful” and “injurious”, “healthy” and “ill”, “socially valuable” and “socially inferior”, [a state] which in the place of the principal of remuneration places the principal of inoculation [Unschädlichmachung] a state which in its civil law dissolves marriage and family, ceases to be a constitutional state and thus the governing authority.

A governing authority which knowingly or unknowingly makes the interests of social position or class the norm for the formation and definition of law, or which allows the norms of the law to be dictated by the so-called “legal consciousness” of the time, sinks to the level of raw power. This danger exists now—and this is not addressed by the Augustana—for all governing authorities, and shall for all time. It exists especially in the modern democratic forms of government and in the dictatorship. For the result of the secularization process of the last century has been that the consciousness of eternal legal norms which are not determined by man, has nearly perished. But where this consciousness ceases to exist, there God-given power is changed into demonic power, resulting in its ruin among peoples and states. But wherever on earth a governing authority—irrespective of which form—is conscious of a [civil] righteousness independent of its will, exercises the power of its office, upholds the law and guards the peace, there it is “God’s good gift”, there it is “by the grace of God.”

The essay (PDF) is available here. The paragraphs and emphasis are mine.

The German statement of where legitimate power comes from may be jarring to Anglo-American readers, after all we have been taught that the people are sovereign. I don’t find them mutually exclusive, however. God established the family for man before the fall, and government after the fall, to provide a semblance of justice in the world. It’s easy enough to see how, under God’s direction, families got together to form first cities and then states to protect themselves. It is also important for us to remember that all the revolutions in the English-speaking world (and only there, strangely) have been more counter-revolutions, than anything else, always the goal has been the restoration of “The Good Old Law“. That is also why we have never gone into the stage of anarchy that has followed all the other (French, Russian, et al) revolutions. We were going back.

The other thing here is that you see how Weimar manged to delegitimize itself. How close are our governments coming to doing the same? I’d say very close, indeed.

Is Administrative Law Unlawful ?

English: Detail of Preamble to Constitution of...

English: Detail of Preamble to Constitution of the United States Polski: Fragment preambuły Konstytucji Stanów Zjednoczonych (Photo credit: Wikipedia)

From the Constitution of the United States:

ARTICLE I, SECTION 1.

All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.


 

When we talk of Administrative law, we are speaking of an extra-legal add on, which has very little (if any) base in the Constitution. If you are not familiar with it, here is a link to an introductory lecture POL611 . That’s how it is conceptualized these days. But is it constitutional at all? That’s different story. I’ve spoken of this several times lately once at Jess’ Watchtower, and on this site here, and here. It’s an important concept. Much of the content here is taken from a series on The Power Line Blog here, here, here, and here. Don’t panic, they’re quite short posts! This is all both there, and here based on a book, Is Administrative Law Unlawful, by Philip Hamburger, who is the Maurice and Hilda Friedman Professor of Law at Columbia Law School. He received his B.A. from Princeton University and his J.D. from Yale Law School.

Here is a not so short video presentation of what he is saying that he gave at Hillsdale College, which was published on May 14 of this year. It is eminently worth your time.

If you remember I commented in the article A Most Conservative Revolution that we don’t pay enough attention to what I call “the Bill of Particulars” in the middle of the document. The reason I say that is in this article. Everyone of them is protesting the arbitrary power of the Crown acting with or without Parliament (which did not represent the British in North America.

Here are a couple which might sound familiar to us today:

  • He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
  • He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands. (Although this one you might want to read in the negative.)

In any event, I hope you see my point here.

The point is that the Constitution, which is written in very clear English, and means what it says, “All legislative powers herein granted shall be vested in a Congress of the United States.” It does not say that Congress may delegate that power to the executive, or his subordinates. In fact, John Locke said this.

The people alone can appoint the form of the commonwealth, which is by constituting the legislative, and appointing in whose hands that shall be. And when the people have said, We will submit to rules, and be governed by laws made by such men, and in such forms, no body else can say other men shall make laws for them; nor can the people be bound by any laws, but such as are enacted by those whom they have chosen, and authorized to make laws for them. The power of the legislative[,] being derived from the people by a positive voluntary grant and institution, can be no other than what that positive grant conveyed, which being only to make laws, and not to make legislators, the legislative can have no power to transfer their authority of making laws, and place it in other hands.

In short administrative law = the King’s prerogative which leads directly to the Star Chamber and High Commission and ≠ the Rule of Law, more properly described as “The rule through and under the law” which is the traditional Anglo-American definition of The Common Law.

Undoubtedly we will be returning to this subject soon because this is important. In fact this is the battle that led to Runnymede, to The English Civil War, to the Glorious Revolution, to the American Revolution, an in part to the American Civil War as well.

The fundamental article of my political creed is that despotism, or unlimited sovereignty, or absolute power, is the same in a majority of a popular assembly, an aristocratical council, an oligarchical junto, and a single emperor. Equally arbitrary, cruel, bloody, and in every respect diabolical.

John Adams

 

Video Monday: The (Mostly) Whittle Edition

In a sense, I’m cleaning up after the holiday, these have been in the queue for less than a week. All are valuable, and all but one feature Bill Whittle. Normally I would say enjoy, but in this case, pay attention and learn, and start thinking how we are going to fix it.

Obamadelphia, well, why not?

Trifecta on ISIS and why it has erupted, and some on its methods.

Continuing with Trifecta

And a reminder of who we are, and how we got that way.

Oh, yeah, from Norfolk, Nebraska. Which strikes me as a very significant name, combining the stronghold of the Parliamentary forces with a good conservative state.

A Most Conservative Revolution

pic_giant_070314_AToday we celebrate for the 238th time, something the Founders did not want. Independence. What they wanted was restoration of their rights as freeborn Englishmen. Our revolution was in direct line of succession from Magna Charta, The English Civil War, and The Glorious Revolution (and its Bill of Rights upon which our own was mostly based).

Washington’s Army was very nearly the Roundhead army of Parliament reincarnate. And it was stood up for the very same reason. The “long train of abuses and usurpations” by the King which Jefferson documented, could have been written by the leaders of the Civil War. Lets look at that document, shall we.

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Often we read Jefferson’s prose in the beginning and end of the Declaration and skip the “Bill of Particulars”. We shouldn’t. There written in plain English is the quest of the English Speaking people, for a stable, free and representative law. It is a quest that hearkens all the way back to Saxon times, and continues today.

We must note that this view was one that was very current in the England of 1776 as well. Edmund Burke said this:

We also reason and feel as you do on the invasion of your charters. Because the charters comprehend the essential forms by which you enjoy your liberties, we regard them as most sacred, and by no means to be taken away or altered without process, without examination, and without hearing, as they have lately been.

Charles James Fox said, in a famous speech, “I say, that the people of England have a right to control the executive power, by the interference of their representatives in this House of parliament.” And he even took to wearing the Buff and Blue colors of Washington’s army on the floor of Parliament itself.

William Pitt the Elder unsuccessfully attempted to have Parliament offer the Colonies what would be later called Commonwealth status.

So we see that we today celebrate a reluctant Independence but one that the Founders found necessary to maintain their rights, and they have passed on to us the responsibility to maintain them. It is no small responsibility but it one we must take seriously to be able to hand our freedom down to our posterity.

Enough preaching, How about a couple of videos? I like this one

I’m one of those curmudgeons who don’t think the National Anthem should be messed with but, I happily admit to loving this version. Consistency is overrated!

And finally, I would remind you that of all the nations in the world, only the Star Spangled Banner ends with a question.

Oh, say does that star-spangled banner yet wave
O’er the land of the free and the home of the brave?

How that question is answered is up to us.

 

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