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5-4                     Law, Business & Government                              [CH 5




                                          ruled by one; Oligarchy, ruled by a few; Democracy, ruled by a majority; Republic, ruled
                                          by law; and Anarchy which is ruled by no one. Even these five can be narrowed.
                                              At the left is Monarchy or dictatorship and it doesn’t exist in the practical since as
                                          there is a group that puts one of its members up front.  A monarch has his privy council of
                                          Earls and Barons, and a Dictator has his bureaucrats or commissars which are the men

                    Rule of Law: The term   behind the scenes. This is not “Rule by One” even though there is one visible leader; it is
                    'Rule of Law' is taken from   rather an Oligarchy.
                    England. It means that no   Oligarchy, which is ruled by a group, is the most common form of government today,
                    man is above the law and   and the most common form of government in history. Most nations of the world today are
                    that every person is subject   ruled by a powerful few, even though they call themselves a democracy.
                    to the jurisdiction of ordinary   On the right is Anarchy, which means without government. A review of history and
                    courts of law, irrespective of
                    his rank and position. 'Rule   we find that most of the horrendous crimes are committed by people in the name of
                    of Law' requires that no   government, hiding behind the shield of their office and governments; so, the anarchist
                    person should be subjected   decides having no government is a good idea. Yet, this is a mistake. As the ancient Greeks
                    to harsh, uncivilized or   stated “without law there can be no freedom.” Our founding fathers and Constitutional
                    arbitrary treatment.  A state   framers agreed and held that some amount of government is a necessary force in any
                    of order in which events   civilized orderly society. In a state of Anarchy, everybody has to guard life, liberty and
                    conform to the law.
                                          property and the lives of family members. Everyone must be armed, and movement is
                                          severely restricted because one’s property must be protected at all times; protected from
                                          theft and destruction.
                                              Civilized people have always hired someone to do the guarding; a sheriff, a police

                    Law of Rules:  The    force, or some branch of government. Once law enforcement was in place, the people were
                    presence of an arbitrary   freer; they could leave their property, work in the fields or shops. In short, the proper
                    power. When an oligarchy   amount of government makes everyone freer.
                    or despot is in power a   There are those who advocate anarchy, not because they oppose government, but
                    plethora of laws are passed   because they do not like the government they have, and want to set themselves up as the
                    that require conformity and
                    submission. This is done to   government, which leads towards a dictatorship. They use anarchy and its tools for rioting,
                    assure power is maintained   looting, burning and terrorism. Tragically the people will go to those best able to put an end
                    and opposition is crushed   to anarchy begging them to take over and restore order. Even after those they ask have
                    and presenting an     disbanded or defunded their police, thus promoting the chaos and terror. So, the anarchist
                    appearance of legitimacy.   will end his acts of chaos and terror, form a government and grant themselves total power
                                          as an oligarchy; and call it a democratic government. This is what happened in Russia

                                          bringing Lenin to power, and Germany bringing Hitler to power.  As such, anarchy is not a
                                          stable form of government but a tool for transition to dictatorship.
                                              Democracy comes from two Greek words; Demos meaning ‘people’ and Kratein
                                          meaning ‘to rule.’ Democracy therefore means the rule of the people; majority rule. This of
                                          course sounds good, but suppose that the majority decides to take away one’s home or
                                          business, or children? Remember that a majority is 50% plus one and your property and
                                          family are at risk. Obviously there has to be a limit. The flaw in democracy is that the

                                          majority is NOT RESTRAINED FROM THEIR EXCESSES. If more than half of the people decide
                                          that they want something, they rule; majority rule.
                                              What of Republic? This comes from the Latin; Res meaning ‘thing’ and Publica
                                          meaning “public”, which combined means the “public thing”; the Law.  A true Republic is
                                          where the government is LIMITED BY LAW LEAVING THE PEOPLE ALONE.
                                              America’s Constitutional framers had a clean slate upon which to write. They could
                                          have set up an oligarchy with George Washington as King, and there were those who
                                          approached him to be king, but he refused. The framers also knew and understood history
                                          and chose to establish a Republic with the “Rule of Law”, not the rule of the majority in a
                                          democracy.
                                              Why a Republic and not a democracy? Let’s explain this from the days of the old west.
                                          A posse of 30 riders, a lynch mob, head out to capture a gunman. Upon his capture they
                                          vote 29 to 1 to hang him. He is hung, and democracy has triumphed and there is one less
                                          gunman to contend with. Remember it is the rule of the majority; the LAW OR RULES.
                                              Consider the same scenario in a Republic, the lynch mob of 30 riders apprehend the
                                          gunman and they vote for a hanging. The Sheriff rides up and tells the mob to hold on,
                                          “You can’t hang him. He has a right to a fair trial.” So, they take the gunman back to town,
                                          a jury of his peers is selected, and hear the evidence and defense. It is this jury that decides
                                          innocence or guilt, shall he be hung or set free. The Jury does not even decide by majority
                                          rule, it has to be unanimous or he goes free. The rights of the gunman are not subject to the


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