Interposition - What is it?
Interposition can best be explained by the “doctrine of the lesser magistrates.” For our study of this principle, we will use a recent article published online at Restoring Liberty (joemiller.us). This article, written by Matthew Trewhella, describes the historical background of the doctrine that lesser magistrates have a duty to oppose tyranny from a higher authority; it gives us examples of the founders’ opinions of interposition; then goes on to describe its application today by the Alabama Supreme Court in defying the federal over-reach on same-sex marriage.
Trewhella writes:
“The lesser magistrate doctrine states that when a higher-ranking civil authority makes unjust or immoral laws, policies, or court opinions, the lower or lesser-ranking civil authority has the God-given right and duty not to obey the higher authority. If necessary, the lower authority may even actively resist the superior authority.”
. . .
“The interposition of the lower magistrates is not subjective or lawless. There are only three reasons for open defiance to the higher civil authority. First, they are to oppose and resist any laws or edicts from the higher authority that contravene — violate, oppose, or contradict — the law or Word of God. Second, they are to protect the person and property of those who reside within their jurisdiction from any unjust or immoral laws or actions by the higher authority. Third, they are not to implement any laws or decrees made by the higher authority that violate the U.S. Constitution or their state constitution, and if necessary, resist them.
The interposition of the lower civil authority is not anarchy or chaos. Rather, when the higher authority makes laws, policies, or court opinions which accomplish any of these three reasons, it is they who have acted as anarchists; it is they who have brought chaos. The interposition of the lower magistrates acts to restore order.”
. . .
“When it comes to homosexual marriage being forced upon the states, the federal government has (i) contravened the law, Word, and created order of God, (ii) attacked our persons and property including our sons and daughters, and (iii) violated its limited delegated authority in the U.S. Constitution — they have accomplished all three in this immoral action. The lower civil authority is duty bound to interpose against such insanity being paraded under the color of law.”
Therefore, the Alabama Supreme Court is correct (and duty-bound) in defying the federal government in this matter. In fact, it is the duty of every governor, every state court, and every county clerk in all the fifty states to also defy this usurpation of authority by the federal government in attempting to impose such immoral laws on the people of the various states.
Another important point that Trewhella makes concerns the “Supremacy Clause”:
“Most point to the Supremacy Clause of the U.S. Constitution to justify their cowardice, but the Supremacy Clause — Article 6, paragraph 2 of the U.S. Constitution — nowhere declares that the U.S. Supreme Court, nor any federal court, has supremacy over the constitutions or laws of the states or the judges of states. Rather, it states that the U.S. Constitution has supremacy and laws or treaties made in accordance with the Constitution.”
The final truth that we will take from this article is this:
“The people must demand that their lower civil authorities defy federal tyranny. They must not allow them to hide behind the lie “we must obey.” The lower magistrates often will not act until the people rally them. When the lower authority does defy, it is imperative that the people support them with their resources, with their bodies, with their very lives.”
The Duty of Lower Magistrates to Face Down the Tyranny of Same Sex Marriage is found at
http://joemiller.us/2015/06/the-duty-of-lower-magistrates-to-face-down-the-tyranny-of-same-sex-marriage/
Or, you can read the PDF.
Trewhella writes:
“The lesser magistrate doctrine states that when a higher-ranking civil authority makes unjust or immoral laws, policies, or court opinions, the lower or lesser-ranking civil authority has the God-given right and duty not to obey the higher authority. If necessary, the lower authority may even actively resist the superior authority.”
. . .
“The interposition of the lower magistrates is not subjective or lawless. There are only three reasons for open defiance to the higher civil authority. First, they are to oppose and resist any laws or edicts from the higher authority that contravene — violate, oppose, or contradict — the law or Word of God. Second, they are to protect the person and property of those who reside within their jurisdiction from any unjust or immoral laws or actions by the higher authority. Third, they are not to implement any laws or decrees made by the higher authority that violate the U.S. Constitution or their state constitution, and if necessary, resist them.
The interposition of the lower civil authority is not anarchy or chaos. Rather, when the higher authority makes laws, policies, or court opinions which accomplish any of these three reasons, it is they who have acted as anarchists; it is they who have brought chaos. The interposition of the lower magistrates acts to restore order.”
. . .
“When it comes to homosexual marriage being forced upon the states, the federal government has (i) contravened the law, Word, and created order of God, (ii) attacked our persons and property including our sons and daughters, and (iii) violated its limited delegated authority in the U.S. Constitution — they have accomplished all three in this immoral action. The lower civil authority is duty bound to interpose against such insanity being paraded under the color of law.”
Therefore, the Alabama Supreme Court is correct (and duty-bound) in defying the federal government in this matter. In fact, it is the duty of every governor, every state court, and every county clerk in all the fifty states to also defy this usurpation of authority by the federal government in attempting to impose such immoral laws on the people of the various states.
Another important point that Trewhella makes concerns the “Supremacy Clause”:
“Most point to the Supremacy Clause of the U.S. Constitution to justify their cowardice, but the Supremacy Clause — Article 6, paragraph 2 of the U.S. Constitution — nowhere declares that the U.S. Supreme Court, nor any federal court, has supremacy over the constitutions or laws of the states or the judges of states. Rather, it states that the U.S. Constitution has supremacy and laws or treaties made in accordance with the Constitution.”
The final truth that we will take from this article is this:
“The people must demand that their lower civil authorities defy federal tyranny. They must not allow them to hide behind the lie “we must obey.” The lower magistrates often will not act until the people rally them. When the lower authority does defy, it is imperative that the people support them with their resources, with their bodies, with their very lives.”
The Duty of Lower Magistrates to Face Down the Tyranny of Same Sex Marriage is found at
http://joemiller.us/2015/06/the-duty-of-lower-magistrates-to-face-down-the-tyranny-of-same-sex-marriage/
Or, you can read the PDF.