College Of Political Knowledge
Ever since the election of Trump in 2016 and since he was given the oath of office there has been this debate about the so-called “rule of law”….pundits have been accusing Trump to ignoring this ……and yet he continued to be the lawless president with no checks and balance…..
Now that Biden has handed Trump his walking papers the pundits have gone to applauding the return of the rule of law…..
Personally I think they all are trying to turn manure into sirloin.
First before I tell why I think this is nothing more that editorializing to get a paycheck…..let us define the “rule of law”….
The American democratic system is not always based upon simple majority rule. There are certain principles that are so important to the nation that the majority has agreed not to interfere in these areas. For instance, the Bill of Rights was passed because concepts such as freedom of religion, speech, equal treatment, and due process of law were deemed so important that, barring a Constitutional Amendment, not even a majority should be allowed to change them.
Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are:
- Publicly promulgated
- Equally enforced
- Independently adjudicated
- And consistent with international human rights principles.
The “rule of law” requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency.
- Principle of legality .
- Protection of human rights .
- The monopoly of government coercion to ensure law enforcement .
- Oversight by an independent judge in matters of the government implementing and enforcing the rule of law
- Honesty and open to the public .
None of which was there in the Trump administration.
When they allow a group like the Federalist Society to dictate what type of person is to be a judge then the independent judiciary is gone.
Now my take…..
The “rule of law” use to be principles that the nation lived by…..The government and its officials and agents as well as individuals and private entities are accountable under the law. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.
Then Trump was elected and the country suffered and was diminished…..the question should not be can we return to the rule of law but rather is the rule of law gone forever?
Do not get me started on the silliness of our “better angles”……those mythical creatures are gone forever.
I Read, I Write, You Know
“lego ergo scribo”