Table of Contents

PREFACE PAGE
INTRODUCTION TO THE CASE
FACTS OF THE CASE
PART I: JUSTICE IN THEORY
SECTION I: THE ABSOLUTE NATURE OF JUSTICE
That Discussion Of Any Justice System Requires A Preliminary Understanding Of What Justice Means.
That Justice Is The Principle Of Goodness
In The Orderings Of Human Affairs.
That Scientific Epistemology And Moral Relativism Make This Definition Of Justice Difficult For Moderns To Accept.
That There Can Be No Absolute Justice,
And Hence No Ideal System Of Justice, If There Is No Absolute Good,
As Under Relativism And Empiricism.
That Things Exist Absolutely, For It Is Impossible To Know Something Which Has No Fixed Existence.
That The Uncertainty Principle Proves, Rather Than Refutes, This Impossibility Of Knowing Indeterminate Things.
That The Exclusivity Of Opposites Further Proves Absolute Existence And Refutes Relativism.
That Even Majority Opinion Is Nevertheless Not Truth.
That True Opinion Is Nevertheless Still Possible.
That Shifting The Discussion Away From Physical Things To Ideas
Cannot Revive Relativism, For Ideas Have Fixed Natures.
That Words Are Not Relative, But Fixed And Determinate; Thus Logical Statements Are Not Merely A Relativist Game Of Semantics.
That Language Is Absolute, And That The Ideas Behind Words
Are Not Relative.
That The Presence Of Various Languages Does Not Render Ideas Relative, As Proven By The Universal Use Of Nouns And Verbs.
That The Possibility Of Differing Definitions Does Not Justify Relativism, For One Must Be More Right Than The Rest.
That Relativists Tend To Employ Equivocation, Weak Inductions, And Diversionary Arguments Rather Than Accept
A Logically Imperative Result.
That We Have Proven The True Nature Of Justice To Be Absolute.
That There Are Two Popular Conceptions Of Justice:
That It Is A Transcendental Absolute,
And That It Is Merely The Opinion Of The Strongest.
That Power Is Not Justice.
That Justice Is Entirely A Subset Of The Principle Of The Good.
That The ‘Law And Economics’ School Is Unknowingly Reviving
Platonic Philosophy, As It Rests
On The Moral Premise Of Justice As Part Of The Good.
That All Sciences Are Value-Laden Enterprises
Grounded In Moral Schemes.
That The Good Life Is Not Strictly The Materially Good Life, But Usually Includes It.
That Universal Ontological Goodness Is Not So Useful In Analyzing Ideal Nations Or Systems Of Justice
That ‘What Is The Good Life’ Is Not A Foolish Question, And Is Answered By Finding The Purpose Of Life.
That Our Scientific Skills Have Out-Paced
Our Political Organizational Skills
That The Good Life Has Been Much Investigated And A Consensus Exists.
That None Who Would Be Just Can Disregard Logic
That There Is No Such Thing As An Illegal Idea
Aristotle’s Theoretical Framework Of Justice
Aristotle’s Distinction Between Distributive And Corrective Justice
That Distributive Justice Includes
The Reverse Concept Of Intrusive Justice
That The Injustices Of Emotional Court Decisions, Favoritism, And Selective Enforcement Actually Arise From Mistaken Uses Of Distributive Instead Of Corrective Justice
That, Inversely, When Governments Distribute Or Intrude According To Corrective Justice, The Opposite Injustice Is Done
That Distributive And Corrective Justice Actually Define The Legislative And Judicial Functions Of Government, And Thus Delineate The Principle Of The Functional Separation of Powers
That When Either A Legislature Attempts Corrective Justice, Or A Court Pursues Distributive Justice, Injustice Usually Results
That The Inadmissibility Of Distributive Considerations In Corrective Justice Is Embodied In America’s Federal Rules Of Evidence.
That The Inadmissibility Of Distributive Considerations In Corrective Justice Is Also Embodied In The Non-Justiciability Doctrine And Its Component Test For Judicial Standing.
That Judicially Recognized Common Law Entails
A Popular Use Of Distributive Power.
That Judicial Interpretations Of Law May Be Legislative
And Thereby Usurp Distributive Power.
That Legislation And Adjudication Are Distinguishable
As Opposites In Several Respects.
That Other Formulations Of Justice Are Often Flawed,
Particularly Justice As Reciprocity
That No Penalty Should Be Better Than Refraining From Crime
That Law And Justice Are Vastly Different Things;
A Distinction Which Underlies Civil Disobedience
That Law Has Equivocal Meanings
That Natural Law Is Comprehensible Only After Defining Nature
That Throughout History, ‘Unnatural’ Has Meant Divine, Man-Made, And Even Non-Existent.
That When Discussing Natural Law, ‘Natural’ Means Non-Artificial,
Or Not Man-Made
PART II: JUSTICE IN PRACTICE
SECTION I: THE CONTEXT OF JUSTICE
That Justice Requires The Supervention Of Peace
That Justice Can Be Had Through War Because War Can Be
A Means To Peace
That We Must Investigate How Peace And Liberty Are Internationally Maintained In Order To Understand What Methods Conduce
To Domestic Justice
That Human Nature Is Such That We Must Assume People To Be
Perpetually Inclined To Pride, Selfishness And Greed.
That The Selfishness Of Humanity Is The Key To Stability And
Efficiency Of All Public Life, Including Commercial Markets, Law Courts, Legislatures, And Executives.
That There Are Two Alternative Models Of International Peace:
Hegemony And The Balance Of Powers.
That The Balance Of Power Model Was Able To Produce A Rough
Condition Of International Peace, But Only Through Constant And Uncertain Skirmishes
That The Hegemonic Model Produced International Peace And Liberty Only When The Hegemon Was Itself
Politically Stable And Classically Liberal
That Collective Security Is An Unworkable System
Of International Peace
SECTION II: CONSTITUTIONAL JUSTICE
That Investigating The Ideal Justice System Requires A Prior Examination Of Governmental Formats, For Unstable, Corrupt Or Tyrannical Governments Afford But Little Justice
That Justice Requires Limited Government; Limits On Who Rules, On How, and Where; I.E., Limits On The Possession,
Type And Range Of Power.
That There Are Three Basic Constitutions: Kingship, Aristocracy, And Democracy
That Each Pure Constitution Has A Corrupt Form: Kingship, Tyranny; Aristocracy, Oligarchy; And Democracy, Anarchy
That The Basic Constitutions Can Be Given Either Per-capita
Or Economic Names
That Although Tyranny Is The Worst Of The Perverted Constitutions, Monarchy Is Not Necessarily The Best Of The Pure
That Pure Democracy Is As Detestable As Tyranny
That Pure Aristocracy Has, For The Most Part,
Even Less Merit Than Either Monarchy Or Democracy.
That Aristocracy Theoretically Admits Of Perfection When
Amounting The Rule Of The Wise, Which is Termed Meritocracy.
That Consent Is The Mechanism Of Democracy
That The Pure Constitutions Are Doomed To Fall Into A Recurrent Constitutional Cascade
That The Constitutional Cascade Is Indeterminate,
Not Fixed As Most Theorists Have Asserted
That Not All Political Upheavals Change A Constitution
That Constitutional Change Is Not Best Accomplished By Sole Actors
That True Governmental Stability Arises Only From the Presence of A Mixed Constitution
That The Triple Mixed Constitution Is Superior To The Double, As The Double Often Produces Either Nullity Or Fratricide
That There Must Never Be A Quadruple Mixed Constitution, Or Any Other Mixture Which Simply Resolves Into A Double Mix Or Single Constitution.
That Christians May See The Triple Mixed Constitution As The Earthly Counterpart Of The Holy Trinity
That Republics Are A Special Case Of Mixed Constitution
That Mixed Constitutions Arise In Response To Extreme Political Compulsion, As The Examples Of Rome And England Prove
That The Mixed Constitution In America Also Arose
In Response To Extreme Political Compulsion
That Mixed Constitutions Are Exceptional,
And Not The Typical Offspring Of Extreme Circumstances.
That The Popular, Aristocratic, and Monarchic Elements Are Always Present In All Societies, Being Merely Latent And Repressed When Not Operative
That Consent Is The Democratic Element In Mixed Constitutions,
As Well As A Component Of Legitimacy
That Consent Has Always Been Fundamental To Political Legitimacy, Though Such Has Been Popularly Admitted Only Since The Enlightenment.
That The Consent Doctrine Changed During The Enlightenment
That Republics Actually Blend Meritocracy With Democracy, Uniting The Antithetical Paradigms Of ‘Consent By The Governed’ And The ‘Rule Of The Wise’.
That The Democratic Is The Most Peaceful Mixed Constitutional Element, But It Is Not So Peaceful When Expanded Into Pure Democracy
That Consent In Mixed Constitutions Operates Primarily Through Elections, The Structure Of Which Determines The Strength Of The Democratic Element
That The Optimum Consent Period Is Always Longer
Than The Average Business Cycle.
That The Uncertainty Of The Business Cycle Requires A Double Consent System, Featuring A Short-Cycle And
A Long-Cycle Operating Simultaneously
That Beyond A Point, Increasing The Size Of Electoral Districts And The Number Of Representatives Elected From Each Deeply Impairs The Democratic Element
That Democratic Element’s Consent Power Must Not Be Exercised Through The Devices Of Plebiscites, Referenda, And Propositions.
That The Democratic Element’s Consent Power Is Easily Defeated By Destroying Free Thought And Free Speech
That The Freedoms Of Speech, Thought And Religion Are All Facets Of Insuring The People’s Enlightenment And Education, Without Which They Cannot Exercise Consent Power In A Mixed Constitution
That Governments Must Never Promote, Impair,
Or Suggest Religiosity In Any Way
That A Theocratic Element Is Disastrous To Any Stable Constitution
That Religions Create Social Factions Which Must Be Subjected To The Separation Of Powers And Multiplied Into Harmlessness
That Excessive Religious Freedom Only Makes Churches Into
Governments, Destroying Free Religion
That The Extravagant Use Of The Judiciary By The Wealthy Also
Impairs The People’s Consent Power
That The Doctrine Preventing One Legislature From Binding
A Subsequent One Is Really A Guarantee Of
The People’s Power To Consent
That The People and Officeholders Form Political Parties And Interest Groups To Increase Their Strength.
That Election Laws Determine The Nature Of Political Parties,
and Hence, Regulate The Efficacy Of The Constitution’s Democratic Element
That Extra-constitutionality Renders Election Law Easy
To Manipulate And Therefore A Simple Avenue Through Which To
Destroy The Democratic Element.
That The Democratic Element Can Be Further Impaired If Its Elected Representatives Enact Aristocratic Procedures
To Govern The Legislature’s Daily Business
That The Separation Of Powers Is Conceptually Simple But Very Hard To Translate Into Durable Elements Of Actual Government
That The Separation Of Powers Doctrine Admits
Of A Functional Characterization.
That In Politics, Aristotle’s Motive Cause Is Executive Power
That The Constitutional Functions Oscillate Between Unity
And Separation, Forming A Natural Constitutional Dialectic.
That The Ancient And Modern Separation Theories Resolve Into A Compound Separation Of Powers
That Harmonic Constitutions Are Best:
Those Featuring An Harmonic Mean Of Six Separated Powers
That The Justice Of Government Is Found In An Harmonic Mean
That The Harmonic Constitution Is Cubic
That The Harmonic Constitution Epitomizes The Ideal Of Justice Sought Out By Plato In The Republic.
That The Harmonic Constitution Is Probably The Answer To Plato’s Riddle Of The Nuptial Number In The Republic.
That The Harmonic Constitution Reunites
Aristotle’s Divisions of Social Justice.
That The Opponents Of The Harmonic Constitutional Ideal Are
By Definition Supporters Of Imbalance, Corruption, And Tyranny
That A Constitutional Bill Of Rights Enhances The Strength Of The Democratic And Judicial Elements Of The Harmonic Constitution.
That Safeguarding The Popular Element Requires Bringing The Monarchic And Aristocratic Classes Into Competition With Themselves.
That Parliamentary Government Abandons The Separation Of Powers And Is Therefore An Unsound And Unjust System Of Government
That British Parliamentary Democracy
Has Ultimately Been A Political Failure
That There Never Was A British Empire Properly Speaking
SECTION III: FEDERALISM AND THE SPATIAL
SEPARATION OF POWERS
That Power May Be Separated Spatially, Along Harmonic
Constitutional Lines, A Technique Called Federalism.
That Federation Is Merely A Progressive Doubling
Of The Harmonic Mean
That Federation Occurs Naturally Among Nations
When Their Self-Sufficiency Is Endangered Or Lost
That Federations Arise Primarily In Response To Military Threat
And Fragment When It Dissipates.
That Federation Automatically Reduces Military Danger To Its Members, Especially If They Are Contiguous.
That A Federation’s Non-Military Benefits Are So Highly Valuable That They Often Outweigh And Even Obscure The Federation’s
Original Security Purpose
That State Economic Health Can Be Uniquely Enhanced By
Federation, Which Further Inures To Military Safety
That Federations Intrinsically Provide An Additional Separation Of Powers, Enhancing Constitutional Stability And Liberty
That Federations Alone Can Both Project Stable Power Over Myriad Peoples Throughout Vast Territory And Defend Them Reliably
That Federations Move Between Two Conditions,
Health And Corruption.
That Federations Contain A Natural Safeguard Against
Central Tyranny Over The Member States
That Federations Are The Most Easily Expanded,
And Thus Easily Strengthened, Form Of Government
That There Are Two Types Of Federal Power: Direct And Indirect;
That Of The Former Is Irresistible And The Latter, Precarious
That The Ideal Federation Blends Both Indirect And Direct Features.
That Pure Federalism Is The Opposite Of Imperialism.
That Imperialism Is The Natural Expansionary Mode Of City-States, Wherefore They Are A Failed Type Of Political Association.
That Federations Are Strongest When Composed Of Similarly Structured Members, Ideally Having Mixed Constitutions
That The Introduction Of Political Classes And Heterogeneous
Member-States Destroyed The Roman Republic
That Federal Members May Subdivide Their Territories Into
Quasi-Independent Units, And By Such Micro-Federation,
Gain Additional Stability And Efficiency.
That Federal Member Governments And Their Micro-federal Parts Should All Be Harmonic, So That The Harmonic Elements Of The
Federal Whole Are Equally Balanced Within Each Part And Sub-part
That Nations Should Be Built With Expansion In Mind, A Goal Advanced By A Broad And Equal Federal Franchise
That The Equality Of Franchise Among Federal Citizens Dramatically Strengthens Federal Economy and Military Security
That Maintenance Of The Separation of Powers In and Among Federal Members Is The Actual Policy Reason Against Degrees And Classes Of Citizenship In Federations
That Genocide Invariably Diminishes National Power By Introducing Citizenship Classes, Reducing Federal Population, And Increasing The Oppressive Force Of Majority Factions
That Federal Member-States Can Be Safely Organized As ‘States-At-Large,’ or ‘Virtual States’ With No Territorial Basis Of Existence
That Artificially Different Mental Capacities Create Citizen Classes And Injure The Democratic Element.
That Economically Generated Citizenship Classes Are Impossible To Eliminate But Simple To Counteract.
That The Family Is The Smallest Political Structure
Susceptible To Federation.
That Birth Rate Per Family And Birth Order Impact The Democratic Element’s Political Ideology And Party Composition
That Sexual Matters Are Not Irrelevant To Questions
Of Politics And Justice.
That Gender Politics Is Not Naturally A Bilateral Field
SECTION IV: POLITICAL PRINCIPLES FROM THE PHYSICAL SCIENCES
That Scientific Knowledge Contains The Political Lessons
Of The Federal Harmonic Constitution
That The Ideal Constitution Is Fractal, Each Part A Copy Of The Larger Whole; Wherefore Ideal Politics Is Harmonic Federation Of Harmonic Federations, Ad-Infinitum; A Fractal Form
That The Fractal Nature Of Ideal Constitutions Renders Pure
Monarchy Unstable, Wherefore Monarchy Shifts Into Feudalism,
Its Fractal Form
That National Borders Arise From The Interplay Of Ever-Expanding Circles And Their Underlying Fractals.
That The Class-Based Separation Of Powers
Is An Infinitely-Regressing Fractal Arrangement
That The Power Of Fractals In Human Association Is Exemplified By The French Military Reforms Of 1790’s.
That Genetics And Micro-Biology Show Competition
And Aristocratization Operating At All Scales In All Living Systems
That Chaos Theory Explains The Stability Of Both Ancient And Modern Triple-Mixed Constitutions, Thus Supporting The Harmonic Formula
That The Harmonic Federation and All Three Separations Of Powers Within It Result From Naturally Self-Organizing Forces In Nature
That Quantum Electrodynamics Explains The Behavior
Of The Democratic Element And Its Interactions With The Others In The Harmonic Constitution
That Special And General Relativity Explain The Internal Calculus Of Citizens And The Constitution’s Democratic Element
That Kinetic Energy Equations Govern The Power Of States
And Thus Underpin The Balance Of International Powers
and Constitutional Elements
That Sentient Life Is A Solition Wave In The Fabric Of Space-Time
That The Three Groupings of Sub-Atomic Particles Mirror The Per-Capita And Functional Separation Of Powers
That The Awkward Scientific Basis Of Harmonic Constitutionalism Springs From The Incomplete Status Of Modern Scientific Theories
PART III: JUSTICE APPLIED TO
RESPONDENT, THE UNITED STATES
SECTION 1: DOMESTIC MATTERS
That In The United States, Administrative Agencies Violate The Separation Of Powers And Thus Breed Injustice
That The Washington And Adams Administrations’ Actions Do Not Establish The Presumptive Constitutionality Of Mixing Powers
In Government Agencies
That America’s Founders Were Not Merely Concerned With
Contemporary Problems, But With Timeless Issues
That The Blendings Permitted By The Constitution Are Check-And-Balance Devices, Whereas Agency Blendings Are For Administrative Convenience And Thus Tyrannical
That Contemporary Utility Never Justifies The Tyrannical Governance Caused By Mixing Powers In The Agencies
That Individual Rights Under The Constitution
May Not Be Made To Yield To Mere Convenience
That There Is No Such Thing As A Nation Too Complex
For Separated Powers
That The Agencies’ Inefficient And Bureaucratic Nature Exacerbates Their Tyrannical Character
That Judicial Review And Court-Imposed Restrictions Are Insufficient To Stamp Out The Tyranny Kindled By The Incestuous Residence Of Mixed Powers Within Agencies
That Agencies’ Mixed Powers Allows Them To Flout
The Constitution’s Prohibition Of Bills Of Attainder
That Even Mild Tyranny Degrades Everyone It Touches
And Weakens Their Aptitude For Self Government.
That Once Tyranny Has Dulled The People’s Capacity For Self-Government, Rehabilitation Of That Capacity
Is Arduous And Uncertain.
That The American Government Is Not Comprehensible By Reading The Constitution Since The Bulk Of American Government Is Not Mentioned Or Described In It
That The Constitution Is A Finite And Determinate Document, And Changes Thereto Are Valid Only By Amendment, Not By Interpretation.
That Substantive Due Process, Equal Protection, Penumbral Rights, And The Ninth Amendment Distort The Constitution
By Rendering It Indeterminate
That The 14th Amendment Resulted In An Entirely New American Constitution, Fundamentally Different From That Of 1787
That The 14th Amendment Is Constitutional
But Wrongfully Enjoys The Connotation
Of Justice And Patriotism Currently Annexed To That Term.
That The Ninth Amendment Interpretations Have Likewise Distorted The Constitution By Introducing Indeterminate Provisions
That Constitutional Indeterminacy Jurisprudence Is Actually The Supreme Court’s Attempt To Obtain An Unlimited Legislative Power Through The Device Of Judicial Review
That The Equal Protection Clause Has Also Become A Source
Of Indeterminate Constitutionality, As Proved By Its Aristotelian Roots And Continued Mis-application.
That The Same Aristotelian Goal Of Geometric Distributive Justice Underlies Harrington’s Ideal Of Separating The Legislative Tasks Of Debate And Resolution
That The Court’s Incongruous Application Of Equal Protection Proves The Doctrine’s Utility As An Omnipotent Judicial Review Device.
That The Uneven Application Of Equal Protection Proves The Court To Be Perplexed By The Conflict Between Equality And Virtue
That The Supreme Court Relies On Vague Constitutional Clauses Because It Does Not Fully Understand The Separation Of Powers.
That The Aristotelian Nature Of Equal Protection Refutes Marx’s Accusations Of Capitalist Class-Based Jurisprudence.
That Equal Protection Is A Subset Of Due Process
That The American Federal Government Is Not Actually Composed Of Donated Powers Form Preexisting Sovereign States
That The Delegation Theory Of Legislative Power Destroys The Consent Basis Of The Mixed American Constitution.
That Only Periodic And Endless Consent
Can Legitimate Government Action
That The Danger Of Legislative Delegation Argues In Favor
Of A Legislative Veto
That The Threat Of Public Lawsuit Also Operates
To Impair The Consent Mechanism Of The People.
That The Democratic Element Of The Constitution Can Been Fatally Injured By The Increase Of Monopolistic
And Anti-Competitive Economic Players
That The Democratic Element Itself Operates In Legislative,
Adjudicative, And Executive Ways
That The Freedom To Set Prices, To Buy And Sell According To One’s Own Valuations, Is Properly Governed By Democratic Principles334
That Efficiency Can Have Political Effects,
As The Allegory Of The Gun Illustrates
That Strict Economic Efficiency Is A Short-Term Efficiency,
And Results In Long Term Inefficiency Due To Its Political Consequences, Though It May Cure A Brief Emergency
That Consent Can Be Coerced And Bought In The United States
That Concentrations Among Military Industries Endanger Justice And Require Additional Separations Unnecessary To Other Businesses.
That Labor Unions Are A Species Of Political Party
That The 12-Bar Blues Formula Is The Sonic Expression
Of The Harmonic Constitution; Hence Blues Is The Music Of Justice
That The Creation Of Article One Courts
Is Unconstitutional As Well As Unjust
That Executive Control Over The Attorney General Is Dangerous To The Structure Of Liberty Inherent In The Constitution.
That The Office Of Attorney General Must Be Multiplied Into Four Identical Offices, One For Each Branch Of Government
And One For The People At Large.
That Secret Operations Strengthen The Element Of The Harmonic Constitution Empowered To Conduct Them; That Executive Branch Secret Operations Have Debauched The American Separation Of Powers
That America’s Unincorporated Territories Violate
All Principles Of Just Government
That The Confederacy Names The Resulting Group Of States,
Not The Group Government
That This Distinction Is Garbled In The Case Of The United States
That The American Federal Government Has No Name; And That When It Is Called The United States, This Is Merely Slang
That The American Federal Government Of The United States Always Misstates Its Name When It Prosecutes Or Defends A Lawsuit
That Denying Commercial Regulatory Power To The Executive Tends To Avoid The Mercantilism Which Afflicted France And England.
That Regulation And Taxation Are Actually Similar Powers, And May Be Mutually Nullifying If Placed In Different Governmental Hands
That Broad Interpretation Of The Commerce Power
Destroys Constitutional Equilibrium
That The Commerce Clause Was Created To Stimulate
National Economic Health, Whereas It Has Become An Infinite Power, Often Used To Debauch and Injure Commerce
That Constitutions Which Maximize Economics Maximize Liberty, And Those Which Best Afford Liberty Maximize The Economy
That The Profusion Of Property And Economic Safeguards
In The Constitution Proves That They Are
Fundamental To Its Scheme Of Liberty
That The Constitution’s Property And Commerce Safeguards Are Now Used To Destroy Property And Retard Commerce
That Constitutional Formats Are Inherently Economic Arrangements, Hence Economics And Constitutional Theory Are Inseparable
That Economic Leveling Destroys The Separation Of Powers
That Liberty Cannot Exist Without Competitive Capitalism,
And Tyranny Cannot Exist With It
That Capitalism Requires Democracy At First , But Gradually Creates Monarchy, Causing Its Own Extinguishment
That Capitalism Creates The Middle Class On Its Way Through
Aristocracy And Largely Destroys It Upon Reaching Monarchy
That Protections Of Property Logically Preclude Regulation
Of Labor, Since Laws That Reach Labor, Reach Property
That The Debauchment Of Property Tends Toward Military Weakness, National Vulnerability, And Ultimately A Loss Of Liberty
That The Constitutional Right To Privacy Includes
A Constitutional Right To Property
That Property Is Proven By Its Nature To Be As Intrinsic To Liberty As Are Privacies Of Thought And Expression.
That Since Property Is Sovereignty, It Must Be Accorded The Same Fundamental Right Status As Non-Economic Rights.
That Debt Is A Powerful Political Force Because It Is Property
That Any Right Can Be Described As A Property Right
That Management Is Government
That Franchising Is Economic Federalism
That The Rule Of Law Comprehends The Very Essence Of Liberty; Being The Mean Between Servitude And Licentiousness
That Piecemeal Constitutional Construction Injures the Rule Of Law
That Weak Government Deteriorates Into Pure Democracy, Sacrificing The Rule Of Law
That A Definitive Written Description Of Substantially All Aspects Of Government Organization Is Critical To Maintaining The Rule Of Law.
That Indeterminacy Destroys The Rule Of Law
That The Interpretive Rule Of Expressio Unius Best Maintains The Rule Of Law
That Institutional Evasion Of Rules & Ordinances Destroys The Rule Of Law
That The Doctrine Of Governmental Immunity Safeguards The Rule Of Law
That The Rule Of Law Requires Every Right To Have A Remedy
That Over-Legislation, Regardless Of Each Law’s Clarity, Can Destroy The Rule Of Law By Rendering The Whole Body Of Law Vague And Unknowable
That The Respondent Unjustly Regulated Funerary Ceremonies
That Preserving The Rule Of Law Requires Subjecting To The Law The Most Popular Hero And The Meanest Wretch Alike, Without Concession To Personal Merit Or Administrative Convenience.
That The Rule Of Law Is Often and Easily Destroyed By Toleration Of Minor Lawlessness
That The Rule Of Law Must Never Be Suspended Merely Due To The Large Number Of Convictions Which Might Result
That The Rule Of Law Is More Militarily Powerful Than The Rule Of Man
That Ideal Systems On Paper Can Still Be Dominated By The Rule Of Man.
That When The Rule Of Man Supervenes, Success Therein Is The Only Way Back To The Rule Of Law
That Plato’s Theory Of True Leadership Goes Too Far, Resulting In The Paradox Of Leaderless Government.
That Economic Health Does Not Invariably Indicate A Just Society.
That The Political Role of The Philosopher Is That Of Prophet, Not Leader
That Nobody With A Vested Interest In Orthodoxy Can Discover Truth Or Innovate
That A Great People Caught Up In Their Own Wealth And Splendor Usually Understand Their Era Very Little
That Government Refers To All Elements Of Political Power, Not Just The Official State Apparatus, Whereby The People Are Part Of The Government In Democratic States
SECTION II: INTERNATIONAL MATTERS
That The Demise Of Consent In International Law Threatens Political Liberty In All Nations And Retards The Coalescence Of Legitimate Global Government
That Neither The Consent Of Individuals Nor That Of States Can Be Implied In International Law.
That Consent Once Dominated The Law Of Nations
That Consent Has Declined In The Customary International Law Context
That Consent Has Declined In The National Sovereignty Context
That Consent Has Declined In The Federal Common Law Context
That Consent Has Declined In The Jus Cogens Context
That Consent Has Declined In The Treaty Context, Especially If Jus Cogens Is Implicated
That Intervention Will Not Violate The Consent Basis Of Sovereignty If There Is No Consent-Based Legitimacy In The Government To Begin With
That Jus Cogens Is Essentially A Majority Rule, Stripped Of The Consent Features Which Normally Insure That Majority Rules Are Just.
That International Consent Has Been Impaired By Legal Positivism
That The Rejection Of Slavery On Jus Cogens Grounds Actually Legitimates Slavery
That The Practical Danger Of Jus Cogens Enforcement Was Exemplified By The Aftermath Of The French Revolution In 1789
That Ancestral Consent Violates The Consent Doctrine:
That The Proper Role of Consent Is Permanent and Periodic
That Consent Must Be Restored To Primacy In The Law of Nations
That International Intervention Is Unjust Without The Host’s Harmonically Produced Consent
That Principles Of Liberty And Political Stability Prove The United Nations To Be Particularly Unsuited To Global Government
That Just World Government Can Arise Only By Uniting Hegemony With The Balance Of Powers Via Global Adoption Of A Federal Harmonic Constitution.
That International Doctrines Of Defensive Use Of Force Are Intrinsically Unjust, And The Nation Which Abides Them Adopts A Bankrupt Policy, To The Detriment Of Its National Prosperity And The Welfare Of Its People.
That Global Environmental Decay Is a Political Problem And Only Admits Of A Political Solution, One Found In The Harmonic Global Federation.
PART IV: JUSTICE BY ALTERNATE MEANS
SECTION I: THE MILITARY ELEMENT OF JUSTICE
That Justice And National Military Power Are Mutually Inseparable And In The Long Run Separately Inconceivable
That The Best Laws In The World Will Be Despised And Trampled Under Foot If Not Supported By Military Power
That The Best Nation Is That Which Best Prepares For War
That War Is The Central Cause Of Constitutional Change
That Pacifism And Neutrality Require No Less Military Strength Than Aggressive War Policy
That Standing Armies Are Indisputably Necessity To Peace And Stability, Though They Introduce An Element Of Risk
That The Ideal Standing Army Must Be Military Virile And Politically Sterile
That No Constitution Is Inherently Peace-Loving, Though Some Are More Peaceful Than Others
That Justice Requires A Constitutional Format Which Automatically Generates Enlightened Military Leadership And General Creativity.
That War Is Consistent With Natural Law
That There Are Proper Laws Of War, Though These Are Descriptive, Not Normative
SECTION II: THE DESCRIPTIVE LAWS OF WAR
That Nuclear Weapons Limit, But Do Not Negate, The Timeless Maxims Of Military Strategy
That Power Is Not Justice, But Rather Justice Is Power
PART V: DISPOSITION OF THE CASE:
FREQUENT QUESTIONS ABOUT THE BOOK
PETTY QUESTIONS FOR CONSIDERATION AND REVIEW
CONCEPTUAL FLOW CHART OF THE BOOK
BIBLIOGRAPHY
GENERAL INDEX