The American system of government is a Federal Republic, meaning a confederation of many–a central government and state governments. James Madison describes the American system as “a Republic–a federation, or combination, of central and state republics–under which: the different governments will control each other…” (Federalist No. 51).
The powers are divided between the legislative, executive and judicial branches of government which remain subject to the sovereignty of the people (electorate) under creation’s God per the Declaration of Independence. “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence” (Article IV, Section 4 of the United States Constitution).
The federal and state governments are Republics which are distinguished by the fact that they are representative and limited in their power by written constitutions (Federalist No. 45). The citizen electorate adopts the constitutions, and they are only changeable from the original through amendment by the people.
The law has been defined as “a set of rules for conduct prescribed by a controlling authority and having binding legal force” (Black’s Law Dictionary). The overriding concern is: What are the beliefs of the controlling authority? Sadly, some public servants, including some law professors, do not respect the fact that government gets its power from the sovereigns, the taxpayers who created the government and pay their salaries.
In Europe, kings, popes, academician elites and others claimed to be supreme. This is comparable to what self-indulgent judges are now doing in America. Rejecting the meaning and intent of the Constitution, they seek to impose societal values of their own choosing. When federal laws dealing with local concerns descend downward, they become oppressive and often harmful to society.
What sets the American constitution apart from those of so many other nations is that its use is rooted in the Higher Authority Judeo-Christian tradition for civil order. The Constitution is a tool composed of directives, checks and obstacles. When the principles of the Creator-based Declaration articulated in the Bill of Rights are upheld, the obstacles built into the Constitution become morally effective, and it becomes difficult for government employees to empower a partisan political agenda or line their pockets with taxpayers’ money.
“Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master” (George Washington).
~ David Norris