The moniker of this blog is “Lex Rex”, Latin meaning “Law is King”.
It is the title of a book written is 1644 by Samuel Rutherford wherein he wrote a treatise on the notion that Law is King rather than the King is Law. He was labelled a traitor; the book was banned – owning, passing it along, selling it could have you placed in a dungeon. Obviously, the King didn’t take to kindly to be told he was not the ultimate authority of the land.
The mere idea that the King (who essentially represented and was for all intents and purposes the State) was himself subject to Law was truly revolutionary at the time. This book, among others, formed the foundations from which the Declaration of Independence and our Constitution were birthed.
The essential idea is that Law exists apart from and above all humans and their institutions; that Law itself is founded in our very being and the inalienable (inherent) rights that are part of our very being. Laws sole purpose is to protect those rights. When law is used by one or more to harm the essential rights of another or others, doing so is contrary to law.
Today, the Supreme Court in its 6-3 ruling to uphold the “intent” of legislation instead of its plain wording (even what those who had a hand in drafting it said it was intended to do). Hence, we are no longer a nation of law but of whim.
In the era of the Holy Roman Empire (the early Popes) the Vicar of Christ (the Pope) was said to also be “Vox Dei” – the voice of God. This concept later morphed into the monarchies assuming similar presumptive powers, their word being law. It meant that whatever they decreed was the law of the land. Merely at their whim or fancy what a monarch declared law was law. It meant law was arbitrary, whimsical. In a society arranged like this Justice is whatever the ruler says it is.
It is ironic that those who embrace the courts decision for their desire to implement “good” through the coercive force of the STATE have so little appreciation of the impact on the very basic idea of law itself. Today, law became institutionally arbitrary, it means whatever the Justices say it means, regardless of how it is written, voted upon, and enacted. Just as they had previously.
For those who cheer today’s decision, may you enjoy the full fruits of a land where law is arbitrary, based solely on the interpretation of a few. May you enjoy the benefits of the ruling class who deem themselves rulers and not public servants entrusted with delegated authority; that you are one of the favored.
What meaning has any contract, agreement or law if it is left to whimsical and arbitrary interpretation? How do you live your life without the assurance and stability of justice based upon the bedrock of Law founded in the inherent rights of everyone?
Today the true rule of Law and its benefits for each of us and our children took a huge step back to a time where Rex Lex was the rule, not Lex Rex which our Founders so well appreciated. Today the King was declared to be law once again.