Note: All documents are from the National Archives.
The War of Independence from Great Britain
- The History of Prayer in America and Her Armed Forces: 1774-Present
- The Unanimous Declaration of Independence (1776)
The Confederation
- Articles of Confederation (1781-1789)
The Federated United States of America
- Our Constitution was the product of prayer: Franklin’s Appeal for Prayer
- Preamble to the U.S. Constitution
- The Entire U.S. Constitution
- The Bill of Rights, Amendments 1 through 10
- Amendments 11 through 27
- The Supreme Law of the Land is defined by Article 6, the second clause.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Attorneys are trained to accept “case law.” Case law is conspicuous by its absence from Article 6.
What is Case Law?
Statutory laws are those created by legislative bodies, such as Congress at both the federal and state levels. While this type of law strives to shape our society, providing rules and guidelines, it would be impossible for any legislative body to anticipate all situations and legal issues. The court system is then tasked with interpreting the law when it is unclear how it applies to any given situation, often rendering judgments based on the intent of lawmakers and the circumstances of the case at hand. Such decisions become a guide for future similar cases.
In order to preserve a uniform enforcement of the laws, the legal system adheres to the doctrine of stare decisis, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same type of case. Precedent, or case law, is binding on courts of the same level or lower, and applies only if there is no legislative statute created, or higher court ruling, that overrules it.
Can the Judiciary create laws? No. Only Acts of Congress in pursuance of the Constitution are the Supreme Law of the Land. Treaties implied to be in pursuance of the Constitution are also included in this definition.
Legal Language
Division of Powers
People generally perceive the federal government as a greater power than a state government. The powers of a state government are broad while federal powers are limited. The 10th Amendment defines the boundaries between federal authority and state authority.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Federal powers are limited to the 17 areas enumerated in Article I, Section 8.
A current issue is the legitimacy of the U.S. Department of Education.
- Open the link to Article I, Section 8.
- Search for the word education (CTRL + F).
- You did not find the word education. So, public education is not among the constitutional powers of the federal government. The word education appears nowhere in the U.S. Constitution.
- The U.S. Constitution does not prohibit the states from exercising authority over public education. Therefore, education is a power reserved to the states and to the people, per the 10th Amendment
The Department of Education Organization was created in 1979 by an Act of Congress. Was the Department of Education Organization Act constitutional?
Find the definition of the Supreme Law of the Land in Article 6, the second clause. Was the act in pursuance of the Constitution? No, because public education is not a power of the federal government.
Scientia Potentia Est
John White
Rockwall, Texas
John N. White 