Dear Editor,
The other night I listened to Trey Gowdy pontificate and expound on the rule of law. I felt that I had been taken back to Nazi Germany during the Second World War and was listening to Hans Frank . Hans Frank was one of Adolf Hitlers chief lawyers and traveled throughout the country lecturing on the rule of law. Adolf Hitler was a great believer and proponent of the rule of law.I think you will find that both Barack Obama and Hillary Clinton are staunch believers in the rule of law.
The truth is Mr. Gowdy, that our founders revolted against the rule of law as put forth by King George and the English Parliament in 1776. Before the shooting war began, juries in the colonies were refusing to enforce laws of the crown and the English Parliament . In other words these juries were routinely engaging in what is now referred to as jury nullification.
The truth is Mr. Gowdy that the rule of law is not found in the U.S. Constitution . The fifth amendment mentions the due process of law. Right after that amendment the sixth amendment describes the criminal jury and charges it to be impartial. There is no mention of the rule of law or that this jury must follow any law. Our founders considered the independent jury that they described to be part of the due process of law that was mentioned in the fifth amendment . If this independent jury determined that the law that the accused was charged with violating was unjust or unfair then this jury could ignore the law in this particular case.
The truth is Mr. Gowdy that our founders were very well aware of prior democracies that existed at least as far back as the Greek and Roman times. They were also very well aware of the weaknesses and dangerous proclivities of such democracies. They realized that badly informed or purposefully misinformed voters could easily elect corrupt politicians that would pass unjust or unfair laws. That is why our founders launched our nation as a constitutional republic as opposed to a pure democracy. The rule of law you were talking about was obviously man’s law and not God’s law.
Dr. W. David
Herbert ESQ
Billings.Mt.
