The Order of Things

A part of the Layman Looks at Law series

"Shall what is formed say to him who formed it, 'Why did you make me like this?'" Romans 9:20 NIV

There is a principle in this Bible verse that is worthy of our attention. It relates to the natural order of things (the basis of our legal system is the Bible).

Simply put, that which is created can never be greater than its creator. When we think of God, the Creator, and humankind, the created, we easily acknowledge that we cannot be greater than God. It follows then that the rights that we have are ours by will and endowment of our Creator, not from the government.

There are two maxims1 of common law which affirm this principle where we read:

          "The power which is derived cannot be greater than that from which it is derived."

          "A delegated authority cannot be again delegated."

Where do we, as human beings rank, in the order of things, as compared to government?

In most nations people regularly hold elections whereby they create a corporation called government and empowered it with certain powers to act for the benefit of the people, in the affairs of commerce, of their land, and their resources.

"The United States is a government, and consequently a body politic and corporate, capable of attaining the objects for which it was created, by the means which are necessary for their attainment. This great corporation was ordained and established by the American people, and endowed by them with great powers for important purposes. Its powers are unquestionably limited; but while within those limits, it is as perfect a govement as any other, having all the faculties and properties belonging to a government, with a perfect right to use them freely, in order to accomplish the objects of its institution." Chief Justice MARSHALL in U. S. v. Maurice, 2 Brock. 96, 109. (emphasis mine)

In Attorney General of Nova Scotia v. Attorney General of Canada, [1951] S.C.R. 31, the Supreme Court concluded:

The Parliament of Canada and the Legislatures of the several Provinces are sovereign within their sphere defined by The British North America Act, but none of them has the unlimited capacity of an individual.” (emphasis mine)

In keeping with the principle of Romans 9:20 and those maxims of common law quoted above, humans are and will always be greater than those things they have create, including that corporation we call government. As a cautionary aside, the act of bowing, or paying homage, to anything we have created is, in essence, idolatry. The powers under which any government can lawfully act can only be those which the people have given it. Can we grant to government greater powers than that which we ourselves have? No! At best it can only be our equal. Therefore, any exercise of power beyond those we can or have given it would indicate the existence of an abnormality, a monster—a beast.

When we unknowingly surrender our individual rights and are then compelled to purchase these back from government as inferior privileges, we do so only because of fraud and our ignorance.

On understanding this principle of the relationship between creator/created and applying it to correct years of social programming we can begin to assert and exercise the rights and freedom that our Creator has provided to us, to humans and not to corporations. As another maxim of law states:

"He who does not assert his rights has none."

1MAXIM. An established principle or proposition. A principle of law universally admitted, as being just and consonant with reason. Bouvier's Law Dictionary 1856 Edition.

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