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Speaking of Common Sense and our Constitution, it is very well worth thinking about what Danielle emphasized in her post about Paine: as Paine put it, “in America the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.”

Speaking of civic education, it seems that very few people (frighteningly few lawyers, legislators and judges) today know of and care about the first rule of law in the United States (the foundation of the rule of law in the United States). In 1988, Justice Scalia highlighted the same problem in his famous dissenting opinion in Morrison v. Olson (which many fanatics of executive power routinely invoke to support the myth of the Unitary Executive). Justice Scalia emphasized the opposite of the power of any man or men:

"It is the proud boast of our democracy that we have 'a government of laws and not of men.' Many Americans are familiar with that phrase; not many know its derivation. It comes from [ ] the Massachusetts Constitution of 1780, which expressly emphasized that “the government of this Commonwealth" was constituted (under a written constitution, which (for the first time in history, was ratified by the People) "to the end it may be a government of laws and not of men.”

I learned the foregoing because I had previously learned that Chief Justice John Marshall in perhaps the most famous opinion of SCOTUS in Marbury v. Madison had emphasized, “The government of the United States has been emphatically termed a government of laws, and not of men.” As I addressed in a comment about Marbury v. Madison in response to Danielle's post about Paine, the great Chief Justice and that early SCOTUS said much more. They explained how our Constitution stated the first rule of law in the U.S. They explained the great significance of the Supremacy Clause and the Oath Clauses (in Article VI, as well as in Article II) and in federal law in 5 U.S.C. Section 3331. Americans today need to rediscover the great truths of our past. Very often, the truth isn't even close to what we are being told today.

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