The rule of Law !

It occurred to me, this 4th of July weekend, that I cannot lose. 

The rule of law guarantees it.

Everyone gets their day in court.  To me, now , its the 9th circuit court of appeals that is on trial here. If they deny my request for a trial or hearing, again, for the third time, the score board will reveal their dissing of the laws of the land !

The Scoreboard so far: 

Bankruptcy Court 4-0
United States District Court 3-0
United States 9th circuit Bankruptcy Appellate Panel BAP  1-1  
United States Court of Appeals 3-0
United States Supreme Court 3-0



============================================================================= from american bar association



What makes up the rule of law?

No freemen shall be taken or imprisoned or disseised or exiled or in any 
way destroyed, nor will we go upon him nor send upon him, except by the 
lawful judgment of his peers or by the law of the land.

—Article 39, Magna Carta (1215)


In 1215, King John of England signed the Magna Carta (or Great Charter). 
A group of barons, powerful noblemen who supported the king in exchange 
for estates of land, demanded that the king sign the charter to recognize their
rights. 

Article 39 of the Magna Carta was written to ensure that the life, liberty, 
or property of free subjects of the king could not be arbitrarily taken away. 
Instead, the lawful judgment of the subject’s peers or the law of the land had 
to be followed. 

So what does this ancient document have to do with the rule of law? 

Quite a lot. It recognizes that a person’s fate should not be in the hands of 
a single individual—here, the king. It demands that a judgment against a 
person be made in accordance with the law. Magna Carta planted the seeds 
for the concept of due process as it developed first in England, and then in 
the United States. Due process means that everyone is entitled to a fair and 
impartial hearing to determine their legal rights.

If men were angels, no government would be necessary. In framing a 
government which is to be administered by men over men, the great 
difficulty lies in this: you must first enable the government to control the 
governed; and in the next place oblige it to control itself.

James Madison, Federalist Paper No. 51 (1788)

James Madison’s quote from the Federalist Papers gets at the heart of the 
problem that even a government of law is ultimately “administered by men 
over men.” The framers of the U.S. Constitution addressed this problem by 
dividing power among the different branches of government (legislative, 
executive, and judicial). This framework for government, known as the 
separation of powers, ensures that no one person is able to gain absolute 
power and stand above the law. Each branch of our government has some 
level of control or oversight over the actions of the other branches. 

The rule of law does not depend upon a U.S.-style separation of powers. 
In a parliamentary system, for example, the powers of the executive and 
legislative branches are combined; procedures such as “no confidence” votes 
and regularly scheduled elections serve as a check on the party that controls 
the parliament. The key point is that every form of government has to have 
some system to ensure that no one in the government has so much power that 
they can act above the law. 

To make laws that man can not and will not obey, serves to bring all law into 
contempt. It is very important in a republic, that the people should respect the 
laws, for if we throw them to the winds, what becomes of civil government?


—Elizabeth Cady Stanton (1860)



It is very difficult for a nation to maintain the rule of law if its citizens do 
not respect the law. Assume that people in your community decided that 
they didn’t want to be bothered by traffic laws and began to ignore stop signs 
and traffic signals. The ability of police officers to enforce the laws would 
be overwhelmed and the streets of your community would quickly become 
a chaotic and dangerous place. The rule of law functions because most of us 
agree that it is important to observe the law, even if a police officer is not 
present to enforce it. Our agreement as citizens to obey the law to maintain 
our social order is sometimes described as an essential part of the social 
contract. This means that, in return for the benefits of social order, we agree 
to live according to certain laws and rules. 

Elizabeth Cady Stanton’s quote also highlights another important aspect 
of the rule of law. People must be asked to obey laws that they can and will 
obey. If laws become impossible—or even difficult—to follow, the respect of 
citizens for the law will begin to erode. 

There can be no free society without law administered through an 
independent judiciary. If one man can be allowed to determine for himself 
what is law, every man can. That means first chaos, then tyranny. 

—U.S. Supreme Court Justice Felix Frankfurter, 

United States v. United Mine Workers (1947)



 God Bless America