Letter Vs Spirit Of The Law

LETTER VS SPIRIT OF THE LAW Charles de Secondat, Baron de Montesquieu was a French Philosopher. Charles has composed a treatise entitled The Spirit of Laws. Charles has researched each type of political doctrines. Charles has found that any political doctrine that has espoused the Letter of the Law has inevitably evolved into despotism or imperialism. The ruler ship has developed into either a monarchy or oligarchy. The latter has incited division and anarchy against those who have risen to power. Charles has concluded that political doctrine has defeated the intent of its authors. His ideology has been to engineer a political doctrine that could ultimately control for the suppression of despotism and/or imperialism. Theoretically, Charles conceived of the notion to elevate the People to serve as the Supreme Ruler as a feasible solution. A republic or democratic political doctrine perceives the Electorate as the Supreme Ruler. The purpose is to dethrone any likelihood of a monarchy or oligarchy to establish rule. The People unite under a Federal Union to administer self-government. The framers of our U.S. Constitution were highly impressed and overwhelmed by Charles’ treatise. The delegates have met at the 1776 Philadelphia Convention. Each delegate has voted by a unanimous decision to ratify Articles I, II & III. Their intent has been to divide our government into equal branches (i.e. legislative, executive and judiciary). Each Article has served the purpose to limit the power of each branch. Separation of Power is an idiomatic expression. It connotes the interpretation ‘one hand washes the other’. The Legislative, Executive and Judiciary are interdependent. Neither branch may act autonomous of the other branch nor assume the power of its complement. Rather, each branch must support the power of its complement. The goal of each branch is to secure law and order. Either has its unique difference. Article I has delegated the Legislative Branch with exclusive power to make laws. A law is holistic. It governs the whole. None may stand above the law. Also, a law must be transparent. It may not conceal a dagger to inflict harm upon any class of people under its power. Rather, a law may only seek to serve and protect either class. The expression color of law is invoked to signal a red flag of a transparency breach. Article III has delegated the Judiciary Branch with exclusive power to issue orders. An order is a directive. It may compel an individual, group and/or government to act in accordance to the scope of the law. The Appellate Court and/or Supreme Court provide a necessary channel to adjudicate the equity and/or fairness of orders.

Article II has delegated the Executive Branch with exclusive powers to enforce laws passed by our Legislative Branch and/or uphold orders that have been issued by our Judiciary Branch. Law and order is established by joint effort of each branch. Check in Balance is an idiomatic expression to connote the interpretation that the Electorate Body and/or our three branches of government must exercise oversight authority. The latter has imputed a lawful duty to sound an alarm or raise a red flag to signal a breach in our Separation of Powers. The United States Constitution is fail-proof. In essence it is a perfect political doctrine. The problem is our Commander in Chief has neglected to erect a school to train civilian personnel same as our military personnel. Civil servants that operate our civil government practice the Letter of the Law rather than the Spirit of the Law. America stands for the Spirit of Christ. Jesus has spoken that it is better to give than to receive. Apostle Paul has translated the spirit of giving to mean charity (i.e. love). America reflects the love of Christ by virtue of our charitable donations. The Statue of Liberty symbolizes our liberalism as one nation. America is liberal. We give when none other may give. Our giving serves as a blessing to those who lack prosperity. The world comes to love and respect America for following after Christ. The Letter kills the Spirit. Our Commander in Chief has enforced the Letter of the Law to imprison members of our Union. Criminal Background Checks have forced our fellow brothers and sisters to seek gainful employment in the Black Market. These same Union members have been disenfranchised from our general elections. The repercussion is that our prison system has bankrupted our economy. Banks have foreclosed on homes of prison inmates. They can’t pay their mortgages. Their families become a burden on society. The cost of AFDC skyrockets. It is more cost effective to maintain workers in our job market rather than to incarcerate them into prisons. President Barack Obama may resurrect the love of Christ in America. He has to liberate inmates of our State and Federal Prisons. When he has freed our brothers and sisters from slavery, then God’s sovereignty will reign over America once again. Written by:

Stanley Green