The following is an explanation of the frustration I experienced yesterday that led to a rant about a certain principle much ignored by individuals who should know better. Unfortunately, in my dissertation about that principle I ripped an individual who I appreciate very much. It was not intentional. It is just that I got very irritated about this particular principle being missed time and again. By way of explaining why it irks me so to see it ignored, I offer the following letter written back in December of 1995, right before the special election calling for a Constitutional Convention to overhaul the 1874 Arkansas Constitution.

The principle is this: The authority that is created is not greater than the authority that created it, neither can it be. Moreover, the created authority cannot destroy the higher authority that created it without imperiling its own existence.

With that, I apologize to Anthony G. Martin at The Liberty Sphere.

I also leave you with the letter to the Editor of a VERY liberal paper.



The Morning News of Northwest Arkansas
P.O. Box 7
Springdale, AR  72765
6 Dec. 1995

Editor,

What is the supreme authority of this State?  And to whom does it apply?  For it appears our Governor cannot distinguish the proper authority to follow.  Very often it is reported that the Governor, other state agencies, and the Supreme Court are the authorities of this State.  This is a grave error.  This State is a Republic.  This is guaranteed by Article 4, Sect. 4 of the Federal Constitution.  As a Republic and not a Democracy there is a fundamental difference to be observed.  It is thus: In a Democracy the majority rules regardless of the Law.  In a Republic the Law rules regardless of the majority.

The true authority of this State is the Constitution.  The Constitution has vested authority granted it by the people.  It has been shown in the Federalist 46 that the Founding Fathers of this Nation held the people as the superior of both the state and federal governments.  The principles adhered to in creating the  Federal and State Constitutions cannot be separated.  Both governments are agents and trustees of the people and the authority for their existence is the same.  To understand how these constitutions are to be construed, it is essential to know what Alexander Hamilton explained in the Federalist 84.

“I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous.  They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted.  For why declare that things shall not be done which there is no power to do?  Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?”

The law, as defined by the founding documents of this nation, is the Federal Constitution.  And in matters pertaining to the States, the state constitutions prevail.  It is the State Constitution and its provisions the Governor must look to for authority.

In accordance with Article II, Sect. 1 and Sect. 29 of the Constitution of the State of Arkansas the people are the initiating authority, the drafting authority, and the ratifying authority of the constitution.  Indeed, this principle is expressed in the Preamble of the Federal Constitution.  It states, “We the people… do ordain and establish this constitution of the United States.”

To this end it is understood government is created by Man to serve Man.  Man was not created and does not exist to serve Government.  Thereby government does not rule man, but exists to protect the rights of all.  Furthermore, God created and rules man.  God created all of us as sovereign individuals with ability to discern the Law, thus form societies and their resultant governments.  This was expressed most clearly in Locke’s Second Treatise of Government, and is recognized in the Preamble of the Arkansas Constitution.

“We, the people of the State of Arkansas, grateful to Almighty God for the privilege of choosing our own form of government, for our civil and religious liberty, and desiring to perpetuate its blessings and secure the same to ourselves and posterity, do ordain and establish this Constitution.”

The Founding Fathers were not merely grateful but acknowledged the Authority of Almighty God by appealing to Him for judgement in the Declaration of Independence, our Nation’s first legal document.

The acceptance of the Authority of Almighty God by the Founding Fathers is evidence they accepted the commandments of God.  This acceptance of God’s Law preceded the founding of this nation.  English history amply displays the struggle to have all individuals subject to the Law, even the King.  The central idea is expressed clearly in Romans, Chap. 13, verse 1, “Let every person be subject to the governing authorities.  For there is no authority except from God, and the authorities that exist are appointed by God.” However, the Founding Fathers did not want the authority of the nation to be vested in a select individual or group of individuals, but in the Law.  Thus holding the Law separate, distinct, and higher than individuals.

By this and other actions they declared three specific things among others:

1.     The Law is external to all of us and exists whether we wish to acknowledge its existence or not.
2.     The Law is given by God and thus is not subject to the whims of the individual.
3.     Those in government are accountable to the Law just as is everyone else.

This gives rise to two questions central to the Dec. 12th election:

1.     How is it that Governor Tucker has taken it upon himself to initiate a new constitution?
2.     What authority does he cite as properly granting him this power?

It should be clear that a vote AGAINST the Constitutional Convention is in order on Tuesday, Dec. 12th.


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