Jefferson and Blackstone

Political commentary by Ralph Haulk.
“We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness—-“

 Jefferson wrote that the founders held the truths above as self evident. But they’re not self evident. We can’t prove there’s a God or that we were created.
 Jefferson called them self evident because he was referring to the English common law, which had already said that.
 Blackstone had written a section on the absolute rights of individuals. What Jefferson wrote, Blackstone had already written as law, to which the colonies were bound.
 What’s important is that due process, the same due process mentioned in the 5th and 14th Amendments, is recognized as English common law by SCOTUS in Murray’s Lessee V Hoboken. It is called a restraint on all branches of federal government. Any deprivation of life, liberty, or property by federal government can be directly challenged by English common law.
 
The reason for this was quite obvious to the framers of the Constitution.
They knew that the king could simply turn an action into a crime and punish his political enemies.
 
Federal laws, therefore, were subject to examination by common law. If common law rejected it, it was void. This was the package of unalienable rights to which Jefferson referred. He called them self evident because England couldn’t deny them without denying their own law.
 
To add to the checks and balances of the Constitution, the states retained jurisdiction over common law, while SCOTUS had no jurisdiction over common law. Both states and federal government were therefore in balance.
 
If one turns to the 9th Amendment, one can discover rights existing outside the Constitution simply by reading Blackstone’s absolute rights of individuals. They are absolute and unalienable.
 We also see in the 10th Amendment that if it’s not in the Constitution, or prohibited to the states by the Constitution, it remains to the states respectively, or the people.
 
In FEDERALIST 84, Hamilton wrote, “Here, in strictness, the people surrender nothing”.
 Rights they had in England, they also have here.
 
SCOTUS, for some strange reason, decided in Roe V Wade that women could have abortions. The Constitutional jurisdiction started at birth, but the common law jurisdiction began as soon as the fetus showed signs of life. This life in the fetus was recognized as “the immediate gift of God.”
 
 The 5th Amendment, therefore, would recognize life as belonging to the fetus, also making the fetus a person.
As the immediate gift of God the fetus is also protected by our 1st Amendment.
  No person shall be deprived of life (which begins with the fetus), liberty, or property, without due process of law, which includes common law.
 The fetus is a person the instant it shows life.
“At that instant, it cannot be deprived of life without common law protection, over which SCOTUS has declared it has no jurisdiction”.

 This means Roe V Wade was wrongly decided by lawyers who should have known better.

 The recent reversal is correct. 

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