The Rule of Law Ain’t Just a Decoration

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 16^th 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 19^th 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 19^th-20^th Century.  It is not likely to work in the 21^st 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.

Why I Write

The muses on my desk that help me to remember what is truly important.

Since January when I retired from Hospice Chaplaincy, I have used a considerable portion of my time sitting at my computer and writing.  One of the reasons I retired was to make time for writing.  Since January I have written two blogs a week and completed a manuscript on a small book that has been in process for several years.  I have spent approximately 15-20 hours a week writing.

As a Spiritual Director, one of the things that interests me is why we do the things we do.  Therefore it is natural, I suppose, to pause and ask, “Why do I write?” 

A very good friend of mine reminds me that I have taken on a non-paid, part-time job.  Another friend who has been retired for a couple years says simply, "Doesn’t sound like you retired to me!”   And they are right.  It is unpaid (except for the three copies of the book I will sell after it is published in the Fall) and it takes up as much time as a part-time job at Home Depot or Wal-Mart.  In response I offer this brief bit of my own thinking about why I write.

I am an extrovert.  I think outside of my head.  I learn by interacting and experiencing the world around me.  I write to engage in that dialogue and explore ideas and realities beyond my own thoughts.

As long as I was out and about in the world 8-12 hours a day, interacting with folks and sharing in their daily life, I did not need to write.  In fact, I found writing to be a pain in the posterior.  It was a real anticlimax to what I did almost every day.  During the day, the ideas flowed so fast I had trouble holding them long enough to allow them to take shape.  While I journaled, most of those entries were like a laundry list of stuff that showed up that day.  A great deal of fodder but not much real sustenance.  I enjoyed the excitement of so many things coming and going through my life that I did not want to slow down and really process them.  But I also knew that most of the ideas were better as fertilizer than food, not yet fit for human consumption. 

But now that I am retired and spend a greater part of my day with my own thoughts, I have more time to linger with these ideas and allow them to develop at their own pace.  They bounce around in the vacuum between my ears and link up with other ideas before breaking apart and re-linking with others.  Once they begin to slow down a bit, I may grab hold of one and spend a few days just pondering it.  I try and look at it from a number of angles and relate it to other ideas that have formed along the spine of my little mind.  These exercises in writing allow me to spend a significant part of my day not missing the interaction that used to fill my waking hours.  Writing has become a very natural way for me to stay engaged and continue to find meaning in my journey

However, I am not an author.  I do not make a living at this.  I am not a professional, committed to advancing the art of writing.  I just write stuff.  It is like my photography.  I am not a photographer, I take pictures.  I enjoy taking pictures.  I enjoy sharing my pictures. But I do not do it for a living and have no interest in doing so.  It is the same with my writing.

Many years ago I worked as a VISTA Volunteer at a Voluntary Action Center in a Lockhart, Texas.  During our training I heard a line that has become part of my life.  The trainer taught us that the word “amateur” comes from the Latin amare or to love.  An amateur does something for the love of doing it.  We are paid in the joy that the doing brings to our lives. 

Over the years I have observed that when we give up being an amateur and start doing things primarily for other reasons (a paycheck, ego, self-actualization, or any of a number of self-centered reasons) the joy begins to ebb and it becomes a job.  Writing is not always easy or fun.  But when I have written I look back and say, “That was good.”  (Note I refer to the act of doing it not the product.  Sometimes I delete what I have written to keep it from getting loose.)

And so, the short answer to why I write is that I love doing it!  It, along with photography, allows me to get outside of my head.  It keeps me listening and looking and pondering.  I have a decent memory that provides plenty of  cud for chewing.  I have lunch with friends and they trigger thoughts and ideas as well.  I have a loving spouse who helps me see things differently and points out things that I have overlooked in my hurry to the next idea.  (She does the same with my photography.  She notices stuff after I have passed by my rush down the trail.  They almost always become some of my favorite pictures.)  But mostly, I write because I enjoy words, sorting and sifting them into ideas and mental images.

So, where does this leave you, the reader, in the scheme of things? 

I really do appreciate anyone who takes the time to read anything I have written.  I do not expect to change your mind or convince you that I am right.  Rather, I hope to hold up an idea and allow you to see it in a different light or, if you agree, to confirm that you are not alone in seeing as I do. 

I enjoy hearing from you.  All of my blogs include an email that you can use to “straighten me out” or tell me that I helped you see things in a new way.  To be honest, I do not write to get your comments but I love to receive them. 

As a boomer I grew up believing that we were not supposed to just take up space.  Each of us were expected to make a difference in the world. Over the years I have lived out this boomer philosophy more or less.  But now that I am mostly retired and have the opportunity to do what my heart most desires, I write and take pictures.  I do so with joy in the love of doing it.  However, I always hope that sometime and somewhere a phrase or a sentence, a story or an idea, an image or impression will make a small difference in someone else’s journey.  I cherish that thought and pray that it is true.

In closing I am thankful that you and others have taken the time to read the stuff.  They are the scribblings of someone who lives in awe of something that continues to astound, confound, and resound in my body-mind-soul.  My writings are fuzzy reflections in an imperfect mirror of that which we all share, life itself.  I am indebted to you.   You have allowed me to share in a bit of your journey.

Blessings,

Bob

Flimflam, Thank You Ma'am!

An abandoned saloon in a Southern Arizona Ghost Town.  I imagine many fimflam artists sold their patent medicines at this very place.

Welcome to the age of flimflam!  

I am not merely referring to the current resident of the White House.  He is a symptom, but only a symptom of something far more dangerous that has taken hold in the Western world.  This change is reflected in the rise of demagogues and dictators in many Western societies.   It has brought an end to reasoned debate and polarized the masses into tribal armies throwing sloganized taunts at one another over social media and across the streets of our capital cities. 

Welcome to the age of flimflam.

It seems that we can no longer tolerate a thoughtful and reasoned discussion.  I am not sure why.  Perhaps many feel unequipped to engage others who speak with authority.  When they hear these voices challenging their instincts and beliefs, they lash out with a more basic weapon, anger and insults.  Perhaps they have a deep yearning to return to a yesterday that never was, believing that in doing so everything will be okay!  Perhaps they have become so weary of conflict that they just want people to get along so they can have some peace and quiet.  Perhaps…  Perhaps…  Perhaps… 

Welcome to the age of flimflam.

The dictionary defines flimflam as deceptive nonsense.  It is intended to deceive.  It does not care about being truthful.  It really does not care if it makes real sense.  Flimflam is not concerned with discovering the good, and the true, and the just.  It is more interested in impact and winning converts than truth-seeking.  Many flimflam artists believe that they already have the truth.  The question is not uncovering it but selling it.   How many people they can convince to buy their truth?

Marketing is no longer about sharing credible public information so that people can make an informed choice in the marketplace.  Public education is no longer about giving people the tools they need to weigh evidence and arrive at a reasoned conclusion.  Healthcare is no longer about helping people get and remain healthy.  Religion is no longer about helping people find meaning a purpose in their lives.  Economics is no longer about distributing wealth in a fair and equitable manner.  History is no longer about understanding the why and how of the present by exploring the past.  Journalism is no longer about giving the public the information they need to make informed decisions on behalf of the whole community.  Politics is no longer seeking to distribute power and influence across the board so that the governed are their own government.  Science is no longer about venturing into the unknown and exploring the boundaries of our understanding.   They have all become tools for flimflam.

The “we” of yesterday has become the “us-them” of flimflamery.  The common good has been replaced by the private interest.  The public square of tolerance where  diversity is celebrated has been replaced by a sacred refuge for the tribe where likeness of creed and thought are enforced.  The open borders of thought where new ideas are cultivated and shared have been walled-in to protect old ideas and ways of living.  The call to make a difference in the world has been silenced by shouts of “tree-hugger,” “do-gooder,” and “libtard.”  Civility and sensitivity to others has been brushed aside by those who shout “Political Correctness” at those with whom they disagree.   Quiet, calm discussions governed by respectful disagreement have yielded to a trading floor of ideas where truth is on the bargaining table to the highest bidder.  Diving in the deep currents of spiritual yearning has been replaced by wading in the shallow mud flats of self-serving religion, carefully crafted to ensure the survival of the institution.  These are the signs of how desperate our taste for flimflam has become.

How do we deal with flimflam?  It is actually fairly simple. 

Flimflam was a common element of the American West.  Snake oil salesmen would create Medicine Shows that provided entertainment to people of the American frontier.  These flimflammers would sell their concoctions to heal all the ills that troubled these folks.  The most common ingredients of these potions were opium, marijuana, cocaine, arsenic, heroin, morphine, essential oils, and flimflam.  They would undermine the people’s trust in the treatments provided by medicine.  They would make extravagant promises about the power of their cures.  All the while providing entertainment to the people.  They portrayed themselves as missionaries of mercy traveling the Western frontier with only one purpose, to make the people’s lives better. 

Welcome to the age of flimflam.

How do we deal with the modern flimflammers?  Don’t show up at their performances.  Don’t buy their medicine.  Stick to what you know to be true and honorable.  Rely on each other and yourselves not the flimflammer who rolls into town.  The flimflammer cannot survive being ignored or discredited.  This is a lesson that needs to be relearned in Europe, the Middle East, Africa, Asia, Australia, South America, Central America, and North America. 

Welcome to the age of flimflam.  We have our work cut out for us.  Do not lose heart.  Greatness may never have been part of our history, but it can be part of our future. 

Make America Great Again!

Shalom,

Bob