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This is the law
The Supreme Court based its Roe v. Wade decision on poor scholarship.
Urge the courts, legislators and congressmen to review A Treatise on Human Life.
Urge them to restore the veracity of the Common Law, Constitutional government and the protection of human life. |
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Introduction
The Right Man For This Treatise
By Dave Racer
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We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights; that among these are Life, Liberty, and the Pursuit of Happiness..."
The American Declaration of Independence, 1776
America’s founding fathers were, for the most part, men of Christian faith. They were serious men of medicine, history, science, philosophy, and the law.
Among the signers of the Declaration were: Benjamin Rush, a medical doctor; Benjamin Franklin, who became known as much for his scientific experiments and inventions as his wide range of political and governmental achievements; James Wilson, a classical scholar and teacher before becoming a lawyer who became one of the original members of the United States Supreme Court; John Witherspoon, who served as the President of Princeton University, but by training was a pastor. These four founding fathers, then, represented medicine, science, law and theology.
From the eclectic mix of talents and training of these four and the other 52 signers came the marvelous Declaration, filled as it was with philosophy, theology, law, politics and diplomacy. As a result, a new nation was born that was “conceived in liberty and dedicated to the proposition that all men are created equal,” as Abraham Lincoln so succinctly stated it.
To the founding fathers, the critical issues about human life had long-since been settled, whether as part of “the laws of nature and of Nature’s God,” Biblical teachings, or in the Common Law which they adopted from Great Britain. Because of their general agreement and understanding about these issues, they were able to write a federal constitution of enumerated rights that laid out general boundaries for the new government, rather than create a lengthy document that intended to specify every aspect of government authority. Their acceptance of self-evident truth — and the Common Law — made this generalized constitution possible.
From the beginning, politics and man’s natural tendency toward power, greed and self-indulgence attempted to erode the new constitution. Yet, it stood firmly against man’s worst proclivities because foundational to it all, American citizens knew they could always appeal to the law, a law that had been built on immutable principles and preserved so well for more than a millennium in the Common Law. Yet, fealty to the Common Law also eroded during the Nineteenth Century as federal judges began to assert their own human philosophies into interpretation of legal matters.
When the U.S. Supreme Court handed down its 1973 Roe vs. Wade decision it wiped clean multiple centuries of legal precedent. From universal condemnation of abortion to the Court’s sanctioning of legal abortions, the Court had rendered stare decisis moot. Instead, by the whim of seven justices, the foolishness of interest-group politics was substituted for the wisdom of the ages. As tragic is the loss of millions of human lives through abortion, the Court’s substitution of man’s will for immutable law has wreaked an even more far-ranging devastation on freedom and liberty; it has rendered futile a predictable future.
Into this legal void stepped a man of conviction, one who combined the skills, talents and training of the founding fathers. Twenty years ago, Harold D. Kletschka, M.D., a diminutive and unassuming Minnesotan who loves truth, applied his well-honed talents to finding the truth about the Law and human life.
Dr. Kletschka is a medical doctor, a 1947 graduate of the University of Minnesota Medical School, who went on to become a board-certified general, thoracic and cardiac surgeon. This, then, is a trait he shares with Benjamin Rush.
In 1957, Dr. Kletschka conceived of the world’s most perfect artificial heart. Along with bio-medical engineer Edson Rafferty, he conducted hundreds of experiments on pulmonary and cardio-vascular systems, to test and prove the efficacy of his artificial heart. By 1975, he and Rafferty had proven the superior efficiency of the Bio-Pump®, their heart assist device that today is used in nearly half of all open-heart surgeries worldwide. He has authored and had published numerous medical journal articles reporting on his heart and blood experiments. During the 1990s, he perfected a new angioplasty device which even today is being readied for clinical testing. As a research scientist, then, Dr. Kletschka takes his place alongside Benjamin Franklin. (Kletschka, like Franklin, is a man of immense curiosity about nearly every aspect of humanity — politics, government, theology, science, history, literature, and writing).
In 1970, Blackstone School of Law bestowed a Bachelor
of Law Degree on Dr. Kletschka. The Blackstone school took its name from Sir William Blackstone, whose 1758 lectures at Oxford were later published as the “Commentaries on the Laws of England.” His “Commentaries” and legal dictionary encompassing the extant English law, provided an important foundation for American jurisprudence, and he is considered the foremost historical expert on the Common Law. Although the Blackstone School of Law was not accredited for taking the bar, it provided Dr. Kletschka with a reliable and indispensable legal background in preparation for his career as Chairman of the Board, President and Chief Executive Officer of Bio-Medicus, Inc., an international company devoted to the development and marketing of medical products. By training, then, in 1970 Dr. Kletschka joined James Wilson as a man of the law.
(Interestingly, Dr. Kletschka’s enormous drive to learn and master subjects did not limit him to medicine, science and the law. In 1973, the United States Air Force named Air Force Reserve Colonel Kletschka as the worldwide outstanding graduate of his Air War College class. His contributions and achievements also resulted in his inclusion in Marquis’ “Who’s Who in the World.”)
Throughout most of his life, Dr. Kletschka has been a devout Roman Catholic. Following his father’s death in 1960, Dr. Kletschka consecrated his work on the artificial heart to Our Lady of Mount Carmel, the particular title under which Harold had a special devotion to The Blessed Virgin Mary. While he would never claim the title “theologian,” Dr. Kletschka nonetheless has devoted thousands of hours to the study of his faith and religion, and is an effective apologist for his faith on critical issues. Like John Witherspoon, then, he is a man of theology.
In Dr. Kletschka, then, we find a unique combination of physician, scientist, lawyer and theologian. While passionate about protecting human life and preserving the integrity of the law, seeing life through the eyes of faith, his training as a scientist impels him to test all things. That is why, following the 1973 Roe vs. Wade decision, and after years of contemplation, he set about to do the arduous work reflected in this, “A Treatise on Human Life.” For his study he chose primary documents, ancient sources dating back to the Fourth Century and earlier. He sought the best counsel of learned men and women to assist him in the translation of these sometimes-difficult texts. He set aside his personal bias and assumptions to examine facts that could be tested from multiple angles.
Dr. Kletschka’s 20-year quest for the truth about human life in the womb, Common Law, and the American system of justice has convinced him, and ought to convince any serious and honest reader, that Roe vs. Wade was an attack on liberty that needs to be set right, that is, if America is to remain a nation of free people with leaders who are bound down by law. Because, as Rush, Franklin, Wilson and Witherspoon all knew, the self-evident truth of the unique sanctity of human life is the starting point of liberty.
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