Intentional omission of “Rule of Law” in Constitution

Dear Editor, 

Rush Limbaugh says it marks the United States as a special place, Sean Hannity is always mentioning it, Adolph Hitler had Hans Frank one of his chief lawyers traveling around Nazi Germany lecturing the people about it, Barrack Obama believes in it. Interestingly, it is not found in the U.S. Constitution. I am talking about the “Rule of Law”.

I submit to you that our founders were a very literate group of people and they did not forget to include it in the U.S. Constitution. In fact, it is obvious to me that they intentionally left it out! In fact, it was King George’s and the English Parliament’s rule of law that they were revolting about.

You will tell me that we have the “due process of law” in the constitution and that it means the same thing. I am convinced that if you could ask James Madison or Thomas Jefferson if these two clauses are identical, they would say that it absolutely does NOT mean the same thing! The law they were referring to in the “due process of law” was the well-developed English common law as it was when the constitution was written. If they have inserted the “ rule of law” in place of the “due process of law” there would be no necessity to amend the constitution. Instead of amending the constitution we could just change the law! Of course, this new law would come about by the legislative process and would be a product of our wonderful democracy that our founders distrusted and feared.

I have asked several trial court judges both federal and state types whether these clauses are identical. Several were very honest and said that they never had thought about the issue before. At least one told me they were identical but could not quote any legal authority as to what he based his opinion on. Most of the liberals I have talked to about this say that they are obviously identical clauses. When I say liberals, I mean RINO republicans and neoconservatives as well. I believe that any who truly believe in Liberty would agree with our founders regarding this issue.

Dr. W. David 

Herbert ESQ
Billings, MT

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