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eliminating sophistry, which can be used to justify the opposite of the logical necessity inherent
in the law by playing with words and semantics or taking elements of the law out of their
context.
The US Constitution also mandated a tripartite government, a separation of powers, and these
various powers cannot be combined altogether into the Administrative State, i.e. fourth branch,
by an act of legislation, which detaches the Administrative States from the Preamble and
Constitution by virtue of logical necessity.
The courts in the Administrative State cannot force out the Constitutional Courts and replace
them with the other "jurisdictions" such as Administrative, Equity, Maritime and so on.
They are the custard on the apple pie of the Preamble, Constitution and Statutes, to use a
metaphor. The custard goes on top of the apple pie. It is not served instead of the apple pie. If
you go to a diner and ask for apple pie and get only custard, the diner owners would be judged in
breach of duty.
The existence of the various branches of Administrative law, such as Equity and Maritime law,
cannot be used as an excuse to serve the American people custard when they have asked for, and,
more importantly, when they have the legal and constitutional right to, apple pie.
The courts and government agencies derive their authority solely from the contribution they
make towards creating a balanced, just and equitable society, that is to say solely from the
Preamble and Constitution and Statues, and their adherence to the normative justice and end-
goals or telos formalised in these documents.
Administrative courts were also at work in Germany during the totalitarian Nazi rule after the
German Constitutional Courts were neutralised by the Dictator Adolf Hitler and his Nazi judges.
However, the mere functioning of the Administrative State churning out masses of regulations to
create a totalitarian bureaucracy that disguised the total lawlessness during the entire existence of
the Nazi rule was not enough for Nazi Germany to be spared the judgement of being a criminal
state by the US Military Tribunal at Nuremberg.
“For the good of the State”, the Nazi legal precept, was not considered to be the same as “For the
good of the People.”
That the State itself can be found to be criminal is underlined by the judgement of the
Nuremberg Trials. Government bodies that subordinate their functions to a state found to be
acting criminal are also to be classified as part of that criminal enterprise.
The People and precepts of normative justice that serve the People must always remain primary
under the Constitution, according to the judgement of the Nuremberg Trial.
A judge who in a wilful interpretation of the laws fights the interests of the pharmaceutical
industry or the banking industry in some corner of Administrative law at the expense of the
Constitution, the Preamble and the People, from which that judge alone derives any legitimate
authority, for whatever reason a judge might be so inclined, is also a priori exercising his office
illegally and unconstitutionally.
Even assuming the primacy of Administrative law over the Preamble and Constitution, a mass
“swine flu” or other pandemic flu vaccination programme would still be illegal.
To reframe the argument for a mass swine flu vaccination in terms of equity law, for example, a
mass flu vaccine programme must leave the American people in credit when it comes to their