What Makes A Law Immoral Or UnConstitutional?

Rod Klingler Rod Klingler

What Makes A Law Immoral Or UnConstitutional? This question was raised in the comments of a post (login required) on Senator Fred S. Martin's Facebook page recently. The subject was the recent vote to expand Medicaid here in Idaho.

The answer to this question can be found in the words of America's Founding Fathers on the subject of "The Laws of Nature and of Nature’s God."

"Since law is force, it should be restricted to the one purpose for which individuals may legitimately use force–to protect our natural rights," states Earl Taylor, Jr., of the National Center for Constitutional Studies.

But what are "Natural Rights"? They are those rights given to every man and creature by their Creator, whether you believe that to be God or Nature. They are: life, liberty, and the right to property. Earl Taylor continues: "whenever a new bill comes before a legislative body, each member ought to ask himself.. "Do I have the right to use force against my neighbor to achieve this goal? Would I be willing to forcibly take his property, lock him in jail, or (in some cases) put him to death for failing to obey this law?" If a legislator isn't certain it would be just to do so, he should vote against the bill."

According to George Washington, government is force, and, being force, what do they do? Deprive citizens of… life, liberty, and property. Did you notice that? Once a law is passed, we give the government the right to enforce that law at the end of a gun. Therefore, it is our duty to ensure that only just laws are passed!

"Natural law was central to American thought even before the Revolution. For example, here's what Massachusetts patriot James Otis wrote in 1764 to oppose an unjust revenue act passed by the British Parliament:  "The supreme power in a state is jus dicere [to declare the law only: jus dare [to give the law, strictly speaking, belongs alone to God.... There must be in every instance a higher authority, [namely,] God."

On the topic of socialist schemes like Medicaid, then, how do we justify taking money from one citizen only to give it to another? God's law says that is theft! Does a man have the right to give his own money freely to another? Yes! That is God's way! The opportunity for charity, however, is removed when the government inserts itself and requires the giving. What's more, resentment is fueled, for the law is unjust.

What, then, makes a law unConstitutional? Truly, it is the the same principles outlined above. Government is supposed to protect our life, liberty, and property, and indeed are sworn to do so. Yet, time and again, they pass legislation that does just the opposite!

But what if, as in the instance of the Medicaid expansion bill, our representatives are asked to violate their sworn duty by the people? Well, what separates a Republic from a Democracy is principles! In a democracy, the people can do anything they like, as long as they can muster up a majority. If five people want the sixth's money, they can gang up on him to take it and redistribute it among themselves. Legal? Surely. Moral? Never. We are a country that is Constitutionally bound to govern ourselves by the laws of God, above all else, in the protection of the life, liberty, and property of every citizen, and our representatives are especially bound to make sure those protections are never violated, no matter how many people beg them to do so. We are not a democracy!

I urge you to read the National Center for Constitutional Studies' article, "The Law of Nature and of Nature’s God," and familiarize yourself with the wisdom of the Founding Fathers. Then, send this article to your representatives. Let's remind them of Who they are ultimately accountable to, and of what their Constitutional duties are, so that we can all remain free.


1. "The Law of Nature and of Nature’s God," National Center for Constitutional Studies. https://nccs.net/blogs/articles/the-law-of-nature-and-of-nature-s-god

2. "Government Is Force," Sheldon Richman, FEE, September 16, 2011. https://fee.org/articles/government-is-force/