The Doctrine of the Lesser Magistrates

Discussion in 'Survival Reading Room' started by ghrit, Apr 2, 2021.


  1. ghrit

    ghrit Bad company Administrator Founding Member

    This was recommended to me, I have it on order, will review on reading. But in the meantime, google it, there's a very short review on line. Seems to fit some of our thinking.
     
    Ura-Ki likes this.
  2. GOG

    GOG Free American Monkey

    Thanks for the tip, it sounds pretty good. It's in my cart.
     
  3. ghrit

    ghrit Bad company Administrator Founding Member

  4. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    SloJoe Bidumb had better NOT mess around in Politics with the State of Utah, on this issue... He and his “Jackboot Thugs” at ATF will have a REAL Problem trying to enforce any of this stuff without Congressional Action... Utah is not like any other State in this regard... Remember, Utah has dealt with a Tyrannical Federal Government before, when they even sent an ARMY, to mess with Utah.. Just Say’en
     
    GOG and Gator 45/70 like this.
  5. ghrit

    ghrit Bad company Administrator Founding Member

    The Doctrine of the Lesser Magistrates, Matthew J. Trewhella, 2013

    I promised a review, so here goes. One thing that has to be said at the outset. Trewhella is a rock hard Christian, allegedly a graduate of Valley Forge Christian College. (I was unable to confirm that last.) He has very fixed ideas of what is right and what is wrong, and makes no bones about his views. I’ll say right here and now, many of his right/wrong determinations can be argued in several different ways. If you vehemently disagree, write him a letter, please don’t argue the issues here.

    Every organization has a hierarchy, with the top dog and underlings, one or more layers deep. (It can be said that even a one person organization has an underling, a conscience.) Taking each level of the organization to consist of “magistrates” then each layer below are “lesser magistrates” all the way down to “the people.” One of the duties of the underlings is to advise the above when he is about to make a mistake, either by misinterpreting the written policies, or by enforcing poor, to say illegalities, in the policy. If the organization is of yes men, the underlings may as well not be there at all.

    If one takes the Trewhella view, all law comes along as needed, and must, perforce, be legal in all respects and is to be followed as long as it does not conflict with the directives from higher up. Ultimately, according to Trewhella, God is the source of all legal rules, immutably so, and as long as neither civil nor ecclesiastical rules and regulations don't conflict, they are enforceable, up and down. (Bear in mind that he doesn’t truck with any religion or culture than Christian.)

    So here comes Trewella with the idea that underlings have the power to ignore illegal and immoral directions, laws, dictates, from a higher authority. Not only the power, but the duty and obligation to counter them by action, specifically but not limited to “Interposition” meaning in essence, go to bat for those further down the organization. There are risks, but the lesser magistrate has to step up or be another yes man and just as guilty of the crime, going rogue, if you will.

    By use of biblical studies and middle age history, along with near current cases, Trewhella points up many times when lesser magistrates have stood in the way of superior magistrates directives and orders that were contrary to immutable law and made it stick. I am NOT going to cite any examples here, no point. Read it and agree or disagree at your pleasure.

    The very last sentence in the book, not counting the appendices is “If the lesser magistrates do not stand against the tyranny and injustice of this Federal beast, America is doomed.”
     
  6. GOG

    GOG Free American Monkey

    My copy came, but it's about ten books down in the stack.
     
  7. DKR

    DKR Raconteur of the first stripe

    Nuremberg defense - RationalWiki

    Article 33 of the Rome Statute, which established the International Criminal Court, allows the Nuremberg defense to relieve an individual of criminal responsibility provided:
    • The person was under a legal obligation to obey orders of the Government or the superior in question;
    • The person did not know that the order was unlawful; and
    • The order was not manifestly unlawful. In other words, you have to pass yourself off as having been ignorant of the law, but even that defense is not tolerated in especially gross cases.


     
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