Wednesday, July 18, 2012

The Constitution is considered the supreme law of the land. All law is classified as substantive and procedural. Federal law must be based on the Constitution and federal law cannot be in contravention of the Constitution. State law can regulate any state activity within its boundaries that does not encroach upon federal jurisdiction,but, it cannot be in violation of the Constitution. Hence, Constititional rights and privileges are guarantees that apply to all individuals at the bottom of triadic government."We the People..." means all the people, those within any State in the union of people. The Constitution spells out a government "of people", "by people" and "for people". The Union is of people not States. State boundaries do not exclude the reach of the Constitution. The Constitution literaly constitutes us as a democratic government of people. As we stated, law is classified into substantive and procedural. Substantive law is found in the body of the Constitution and the Amendments. Procedural law is found, mostly, in the body of the Constitution.It applies to jurisdictional and procedural rules by which to invoke the jurisdiction of the Court. It is by procedural rules that the judicial branch can reach the bottom. All rights and privileges that apply to everyone must be established as a matter of procedure before any substantive issue can be heard. No individual can be denied his or her freedom and equality. If the freedom and equality of any litigant is the issue before the Court, then both issues must be weighed against the general welfare clause. If the general welfare of the Nation as a whole is not affected, the litigant must be granted his freedom and equality. In triadic government the bottom of the triad is the essential element of the structure. Without a bottom, we cannot have a top. We need a top to govern the bottom ,but the bottom is real ,not abstract. Hence, the necessity of procedural rules to 'carry' the democratic principles to the bottom in a real manner. The bottom is number and each individual must be accounted for. Once the Supreme Court decides an issue, all the States must follow, because the decision affects all the people and includes people within different State boundaries. If the States do not follow, they're in violation of law. If States do not follow law, why should the individuals?

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Democracy For The Bottom by Gilbert Gonzalez is licensed under a Creative Commons Attribution 3.0 Unported License.