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| Christmas Tree 2015 |
We have heard a great deal about the Rule
of Law in the last year or so. Recent
events in the White House have been challenged as violations of the Rule of Law. 45 does not seem to believe that he is
subject to the Rule of Law. Members of
Congress show contempt for the Rule of Law by continuing to erode the public
safety net while making their own stronger.
The “swamp” has attracted more and more predators who are cashing in on
their positions of power in this administration.
45 has demonstrated a disregard of the Rule of
Law throughout his life. He ignored fire
and safety codes in his slums in New York City.
He used frivolous lawsuits to avoid paying his bills and bully his
adversaries in his luxury resorts around the world. Unfortunately, the
suffering is no longer limited to his business partners or tenants. We are all victims of the decaying Rule of
Law in our society reflected in 45’s rise to power.
What is the Rule of Law?
At the end of the first millennium,
Europe was facing new circumstances. The
ancient idea of the Divine Right of Kings was giving way to a rising merchant
class, driven by guilds and unions.
These collectives of merchants and artisans were able to challenge the
power of the ruling aristocracy by creating a growing middle class. They began to reject the idea that God had
ordained certain folks to be rulers while others were born into serfdom. By learning a
trade or craft, almost anyone could become part of this proto-middle
class. But, without a God-ordained King
or Queen to establish the laws where would the rules for society be written?
This question was answered when King
John of England was forced to sign the Magna Carta on June 15, 1015. This great charter declared that the King had
to recognize the rights of the people to own and inherit property. This abolished the key power of the Divine
Right of Kings to hold all property. The
King could no longer seize the property of the Barons and give it to another
who was more loyal to the crown. The
King became subject to the law of the land along with his subjects.
As the Middle ages grew into the
Renaissance, the idea that everyone was subject to the same laws added another
element. Laws were just only with the consent of the
governed. The Barons House of Lords in
Britain was joined by a lesser House of Commons, elected by the subjects of the
crown, who had a minor role in creating the laws that would be placed before
the crown for signature. Gradually the
power to write laws was moved to the House of Commons and left the House Lords
with a simple veto power. As the system
continued to evolve, the House of Lords was reduced to a ceremonial body who
could only delay legislation passed in The House of Commons.
This movement toward the consent of
the governed became part of our constitution from the very beginning. Over time, we too have made the consent of
the people to be a primary facet of the American experience and the Rule of Law
that governed our common life.
The phrase “Rule of Law” itself, began
to appear in the writings of the social and legal philosophers in the 16th
Century. For the next 200 years it
became accepted practice that law, not personality, gave authority to the government. All were subject to and must obey the laws of
the land not the whims of any particular government official.
Thomas Paine wrote “the law is
king.” John Adams described the Massachusetts
State Constitution as “a government of
laws and not men.” George Washington, as
the first President, rejected the notion of being anointed the King of
America. In fact, he turned down
“Kingship” twice because he believed in the dignity of each person and rejected
the Divine right of Kings as religious blasphemy.
The Rule of Law became and remains an
essential part of our life together as “We the people…” All of us are citizens. Some serve in public office while others
serve in private roles. But all of us
are governed by the same set of laws to which “We the people…” must give
consent through our duly elected citizen-representatives. No one is above the law. This is the Rule of Law.
Why is this Rule of Law so important?
Our life together as “We the people…”
is governed by a covenant that is driven by trust and hope. Both of these essential elements depend on
the Rule of Law.
First, I want to explain a few terms;
covenant, trust, and hope.
Covenant is a relationship driven by
promise. This is contrasted with
contract which is a relationship driven by threat. In a covenant we recognize that we all stand
to benefit by working together for the common good. We abide by the covenant because of the
promise that it holds for all of us. In
a contract, we threaten the other party with withholding any benefit unless the
terms of the agreement are fulfilled. We
abide by the contract because of threat and fear.
Trust is the capacity to entrust our
needs to others, in this case, representative government. We are a democratic republic that requires
that we choose representatives to act on our behalf in the public
life. They are expected to seek the
common good. Trust is an essential part
of our relationship to our representatives.
Hope is the capacity to believe that
things will work out in the long-term. We
may face difficulties and challenges in the short-term. But we believe that in the long-run things
will improve if we are patient with the problems and processes.
The Rule of Law permits both trust
and hope to grow in the social covenant of our life together as “we the
people…”.
Trust becomes easier when we know
that everyone is subject to the same laws.
There is no aristocracy that is above the law. Our representatives act on the behalf of all,
not themselves or for any one group. Further,
we can believe that they are subject to the same set of rules and will not act
against their own benefit or the benefit of the people they serve. When the Rule of Law erodes, trust evaporates
and be descend into tribal warfare over who is in control in our society.
Hope flourishes when we can see the Rule
of Law thrives in our society. We trust
our representatives to enact laws for the welfare of all and believe that by
abiding by those laws and principles we will find our way to a better life
together. The Rule of Law enables us to
believe that, in time, we will work things out because we are working together
under the same rules. Without the Rule
of Law we descend into despair, grabbing what we can before everything falls
apart. We look more like “Rats on a
sinking ship” who are getting theirs while they can and denying others access
to what they have. Hope ebbs and flows
with the shifting tides of social power and influence.
Without the Rule of Law, trust and
hope in our society decays as we devolve into an earlier age of oligarchy,
aristocracy that were governed by the divine right of the ruling class. If you listen closely you will even hear this
being preached from pulpits and podiums in post-modern America. God has ordained whose who are wealthy to
rule over lesser folk. Without the Rule
of Law this is all reasonable. But, as
long as we believe in and hold to the Rule of Law this divine right become
untenable. Democracy becomes possible.
Facing the Challenges to the Rule of Law
In our present time we face a number
of challenges to the Rule of Law.
There is a struggle between
governance for private interest over public good. Relying on the failed economics of 19th
Century Laissez Faire Capitalism, many now argue that the stronger our
corporations and 1%’ers are the better it will be for all of us. Otherwise known as “trickle down”, this
approach places the private interests of those who hold the bulk of the wealth
over the interests of “We the people….”
In fact, many have argued recently that providing a social network of
support for the middle class or poor would simply prolong their lives and
create a greater strain on the resources of our society. They also argue that anyone can be part of
the 1% if they work hard enough. Both of
these are, at best, foolish. This did
not work in the dark ages, the medieval times, or the 19th-20th
Century. It is not likely to work in the
21st century either.
A second challenge is the rising power
of the 1% driven by the recent Citizens United ruling. Modern elections are driven by money to pay
for getting the candidate’s message out and using the best available technology
to inform the electorate. The money also
helps buy allegiances among social groups and endorsements from social
influencers. The Citizens United ruling
basically said that corporations enjoy the same freedom of “speech” to
contribute to politicians as individuals.
This has made contributions a corporate business expense and has made the
corporation the primary source of funds for our elections. This gives the 1% who control these
corporations a magnified voice in determining the shape and outcome of elections. By weakening the voice of “We the people…”,
the social covenant is placed in jeopardy.
The Rule of Law is held hostage to the corporate checkbook as the 1%
demand more and more from the government in return for their contributions and
private interest overwhelms the public interest.
Lastly, the break down in the Rule of
Law has enhanced the long-term tribalism of the American Character driven by
racism and xenophobia. Despite our noble
words about equality and justice in our founding documents, these ideals have
always been part of us. As the Rule of
Law breaks down this tribalism becomes more pronounced. We fracture into regions, races, ethnicity,
religion, language groups, and a multitude of other tribes. These groups struggle to overcome those they
see as threats. White empowerment at the
expense of blacks, renewed nationalism against “globalism”, anti-immigrant actions
(code for anti-Spanish-speaking) against those fleeing oppression, and anti-Muslim
rhetoric and actions against non-Christians reveal this ugly underside of the
America Character. Without trust and
hope, our fears overwhelm our reason and we turn on our citizens who do not
look, sound, or vote like us.
Without the Rule of Law and the trust
and hope it engenders, our society is being overwhelmed by the private
interests of the 1% and tribalism from their allies.
What can we do?
Let us rediscover the covenant that
binds us together as a society. Go back
and read the founding documents of our society.
Read the story of the women and men who brought us together as a
people. Reacquire an appreciation for
the best of the founding principles that forged us from the chaos of the
frontier and foreign rule. Read the
words of those who led us out of Civil war and through the Civil Rights battles
of the last 100+ years.
Let us recommit to the promise that
our system offers for “We the people….”
Let the words of those who have led us through our darkest hours help us
to regain trust and hope for our nation and way of life.
Let us insist that our representatives
act on behalf of “We the people…” or vote them out. Treat them as employees, not rulers. From the White House to City Hall, remind
yourself that they are there by the will of the people and can still be removed
when they no longer serve the will of the people. But this will only happen if we go to the
polls and actually vote.
Lastly, let us treat our fellow
citizens, all of them, as part of the fabric of our lives. Sort of like the old ‘60’s show “All in the Family,” we may not like them all, but we are willing
to accept that they belong and have a right to be in the house. If they break the laws then we must prosecute
them under the Rule of Law. Otherwise, regardless
of how alike or dissimilar they may be from ourselves, they are Americans and
enjoy the same freedoms we expect for ourselves.
Our society works as long as the Rule
of Law is in place. It may not always be
smooth. We will not always get our way.
We may become frustrated or angry.
But as long as we acknowledge that we are all in this together, the
promise will continue to hold us together in trust and hope. This is the genius of our republic if we are
willing to support it. This is the
genius of a 1,000 year of old idea that has influenced billions of people
throughout history. This is the gift of
the Rule of Law. It is no mere
decoration. It is one of the foundation
stones upon which the Republic stands.
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