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The Nebraska Constitution Has a Natural Law Foundation in the Preamble

The Nebraska Constitution Has a Natural Law Foundation in the Preamble

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Published by Anthony J. Fejfar
The Preamble and Article I, Section 1, of the Nebraska Constitution provide a Natural Law-Natural Rights limit on any Nebreaska Law, including but not limited to any later purported constitutiona provision, statute, or common law rule.
The Preamble and Article I, Section 1, of the Nebraska Constitution provide a Natural Law-Natural Rights limit on any Nebreaska Law, including but not limited to any later purported constitutiona provision, statute, or common law rule.

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Published by: Anthony J. Fejfar on Nov 13, 2011
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The Nebraska Constitution has a Natural Law Foundation in the PreambleByAnthony J. Fejfar, B.A., J.D., M.B.A., Phd., Coif Perpetual ©Copyright (2011 C.E.) by Anthony J. Fejfar and Neothomism, P.C. (PA)and The People of Nebraska and The American People, and The People of God as aPublic Domain Copyright.The Preamble to the Nebraska Constitution states that, “We the People, grateful toGod Almighty for our Freedom, do ordain and establish the following declaration of rights….” Namely, “All persons are by nature free and independent, and have certaininherent and inalienable rights, among these are Life, Liberty, the Pursuit of Happiness,and the right to bear arms…in self –defense.” (Article I Section 1).Now, given the reasonable and literal interpretation of the foregoing texts, it is clear that the Preamble of the Nebraska Constitution, and Article I, Section 1, of the Nebraska Constitution, stated above, taken together, provide a Natural Law-NaturalRights foundation for the Nebraska Constitution, which is both anterior to the State of  Nebraska, and is the basis for the Constitution and legitimacy of the State of Nebraska.Recall, that the foregoing Natural Law-Natural Rights Constitutional text states that all persons have the Natural Right of Freedom, which is based upon Natural Law, in a Stateof Nature, anterior to the formation of the State of Nebraska or any other state,government, community, or organization. Moreover, the foregoing texts also state thateach person, without exception, has a Natural Right, based upon the Natural Law of Reason and Logic, of the inherent natural rights and inalienable natural rights and non-waivable natural rights, of Life, Liberty, the Pursuit of Happiness, and the natural right to
 
 bear arms in self-defense. The Natural Rights stated above are not some new idea, butinstead follow the mainline legal tradition of Western Civilization. First the Greeks andthe Romans followed the Law of Logic which provides for the inherent, and inalienable,and non-waivable, Natural Right of Liberty and or Freedom, for each person.Additionally, the text of the Preamble and First Article and Section of the NebraskaConstitution, follow the language found in Magna Chart (1285 C.E.) (the BritishConstitution which states that all persons have the natural rights of Life, Liberty,Property, non-exile, and Trial By Jury with the use of reasonable law); Grotius (1625C.E.) (stating the all persons have a natural right of Liberty and Property based upon thenatural law and reason); Pennsylvania Charta of 1681 (all laws must be in accordancewith reason in order to be valid); Pennsylvania Constitution of 1776 (stating the each person has an inherent and inalienable natural right of Life, Liberty, Pursuit of Happiness, Property, Contract, and Reputation and the natural right to defend the samewith force, anterior to the state.); the Declaration of Independence of 1776 (stating thateach person, without exception, has an inalienable, inherent natural right of Life, Liberty,and the Pursuit of Happiness, anterior to the formation of any State); the MarylandConstitution of 1776 (restating the Natural Rights for each person as provided in MagnaCharta); the United States Constitution of 1789 (providing for Substantive Due Processand implicitly referencing the Natural Law provisions of the Declaration of Independence by referring to the signing date of the Declaration of Independence,namely, July 4, 1776).Thus, it is absolutely clear that the Preamble of the Nebraska Constitution, takentogether with Article I, Section 1, of the aforesaid, Nebraska Constitution, provides a

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