The United States of America holds of Pennsylvania Colony and the Pennsylvania Charter of 1681 which requires that all law and government actions must be in accordance with reason in order to be valid under natural law. International Law, following Grotius, the founder of International Law, states that every person, without exception, has an natural right or individual right of liberty and property which cannot be infringed upon unreasonably by anyone, not even God Himself. Liberty is that range of speech, action, association, artististic expression, self-actualization, and writing, which falls within the Rule of Reason, that is, that which is not unreasonable. Reason is a composite of love, logic, and intuition. Logic is defined as that which is not illogical. That which illogical is that which involves a logical contradiction, such as asserting that A and not A can exist at the same time in the same place. Thus, it is a logical contradiction to assert that you have an (A)pple at and in the same time in the same place, such as, in your left hand. Once the State has come into existence, the positivist argument is that you cannot oppose the state. But, what if the State its leadership is acting and speaking unreasonably, incompetently, illogically, treasonously, or corruptly. As John Rawls tells us, once the State has moved from being a Just or Near Just society, and has become an Unjust Society, the People revert to natural law, that is, Sheriff's Law, the Law of Logic, and rebel against the unjust governement. This is also authorized under International Law, following Grotius. While the State, following Kelsen, has a right to survive, and thus use the notion of National Security to stay in power, in fact, natural law also tells us that an unjust state or leader has no right to stay in power when natural law and the natural right of Life, Liberty, and the Pursuit of Happiness are being violated. The National Security Act, enforcing Sheriff's Law, then, provides that a person, even the President of the United States can be criminally prosectuted for Treason, Treason on the Assizes, and for Criminal Nuisance and Criminal Nuisance of the Assizes for violating Sheriff's Law, the Law of Logic. For example, let us assume that there is a foreign spy who is in America, killing and torturing Americans. Once such a person has been apprehended, an Inquistional Court is seated, as a Bench Trial for violating the National Security Act, that is the Law of Logic. Once the defendant admit that he or she or hae has been killing and torturing Americans, the Judge then asks the Defendant if he would like that to happen to him. If the defendant says yes, then that criminal sentence is carried out. If the defendant says no, then that defendant is criminally prosecuted under the National Security Act of 1947 for violating Sheriff's Law, the Law of Logic, for committing the fallacy of shifting ground and the fallacy of hypocrisy. Life in Apartment Internment is the standard sentence for a defendant committing the crime of Criminal Nuisance and sophistry, while the Death Penalty is the standard sentence for Treason and sophistry. This is consitent with Professor Robert Lipkin's notion of Constitutional Treason.
(C)Perpetual Copyright and (P) Patent by Anthony J. Fejfar, Neothomism, P.C. (PA) and the American People, as a Public Domain Copyright and Patent.
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