{"id":18723,"date":"2025-01-07T19:46:26","date_gmt":"2025-01-07T19:46:26","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=18723"},"modified":"2025-01-08T17:27:21","modified_gmt":"2025-01-08T17:27:21","slug":"positive-law-v-natural-law-understanding-u-s-courts","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=18723","title":{"rendered":"Positive Law v. Natural Law: Understanding U.S. and State Courts"},"content":{"rendered":"

by Sondra Wilson<\/a>. 1\/7\/2025<\/span><\/p>\n

This page is continued from Basics of Law<\/a>: >>> Civil and Criminal Law;\u00a0What’s the Difference?<\/em><\/a>:<\/strong><\/p>\n

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\u00a0 \u00a0 I did not learn about one of the most important fundamentals of law until after approximately 14 years of rigorous study; my primary focuses being the enforcement of civil rights (including color of law crimes<\/a>) and pro se<\/em> litigation<\/a>. This fundamental lesson can be summed up as “the difference between positive law and natural law” – something anyone studying even the basics of law should know.<\/strong><\/p>\n

\u00a0 The findings came to me while trying to find help for this lawsuit I filed<\/a> from legal professionals who all essentially told me the same thing: “Yes, it sounds like you were discriminated against, but unfortunately the Iowa Civil Rights Act<\/a> only protects against discrimination in certain areas, such as housing and employment. You were a volunteer who was working there as part of an agreement, so you aren’t protected against discrimination. Instead of focusing on winning the case, maybe switch gears and focus on changing the law.”<\/strong><\/p>\n

\u00a0 \u00a0 \u00a0But there was one fact I couldn’t shake: back in 1868 when Alexander Clark won his landmark desegregation case<\/strong>\u00a0Clark v. Bd. of Sch. Dirs<\/em>., 24 Iowa 266, 277 (1868)<\/a>, there were no statutes or case law to draw upon within Clark’s legal filings<\/a>\u00a0– the Iowa Civil Rights Act wasn’t passed until 1965, and the case was unprecedented. Clark, leaning heavily upon the Equality Clause of the Iowa Constitution<\/a>, convinced the Court that discrimination against persons of of color was unconstitutional. Before explaining the difference between positive law and natural law, I highly recommend the following documentary about this amazing “forgotten” civil rights hero, Alexander Clark<\/a>, who won a landmark case to desegregate schools in the State of Iowa 86 years before the renown 1954 Brown v. Board of Education<\/em><\/a> SCOTUS ruling:<\/strong><\/p>\n