Tuesday, February 25, 2014

Government is essential; Law is also essential.

We all know that government is essential: we also know that an economy is essential, and we know that Law is essential; but do we really 'understand' the 'essential' nature of Law? How does a government come into existence? The obvious answer is, a Government is 'constituted' by means of a Constitution. Hence, the Constitution 'embodies' a Constitutional Law; which 'structures' a democratic form of government, and a democratic government, obviously, is a government "of People" ( the 'same' People who have formed the Constitutional government) "by People" and "for People". The end result is a form of self-government, but keep in mind, democracy cannot survive if the 'Freedom and Equality' of each individual is not respected and protected. But, how does the law enacted by a few 'Representatives' reach all the way down to the Bottom where millions of People reside? That has always been the ancient dilemma of the One and the Many. Of course, that basic human impulse of 'forming or dividing into groups' ( just like forming into political Parties)kicks in: and we divide the effects of law into Constitutional Laws; Federal Laws; State Laws; City ordinances; Criminal Laws and Civil Laws, and 'institutional Laws, e.g. the laws of marriage, traffic laws, and many other laws, oh,'lest we forget', Corporate Laws and Tax Laws. Wow, we are truly a Nation of Laws; no Lawyer knows all the Law, s/he only knows where to go to 'find it'. The point is that none of these Laws are legitimate, if they do not pass the test set forth in Constitutional Law. That's why Constitutional Law is called the Law of the Land; it holds the Freedom and Equality of every individual in the Nation together. How do other 'hybrid' forms of government rule? Well, each one is different. In Japan, cars are driven on the left side of the street. New laws are enacted as changes in society occur, e.g. Gay marriage. Now, that will involve some basic changes in our social institutions but, change, we must.

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