Rule of Law 1

There has been a lot of talk lately about the Rule of Law, how it is a key fundamental in our democracy, and for some, how the Trump Presidency seems to be a threat to both the basic tenets of its importance and the underpinnings of the ideals which created our Constitution and Bill of Rights.

Heady stuff!

But after reading the Lapham's Spring edition, called Rule of Law, I find my belief in the founders perspective that all men are created equal, their insistence on the three branches of government as a protection against tyranny, and the noble concept that everyone is equal in the eyes of the law, somewhat questioned.

This is not to say that I doubt the importance of the founders' grand experiment with democracy, nor their belief that rule by the people is preferable to rule by divine right.  It is clear, that some form of democratic rule in which the people have a say in the direction of their country is a far better system than one without such inclusion.

But what, exactly, were the founders' main concerns when they created those incredible documents during the tumult of our nation's birth?  We often forget that most of those great men were land owners and/or men of business, with education and wealth beyond the vast majority of their fellow colonists.  They understood the history of property rights, were well versed in the meaning of the Magna Carta, and knew very well that commerce, personal ownership, and laws which protected one's ability to create and sustain that wealth, were threatened by a government that found it all too easy to take without asking and tax without representation.  Was it merely about money and land?  Certainly not, but lets not be naive to think that they did not abhor taxes mainly because it cut into their profits, less so because of the morality of the issue.

In Lewis Lapham's preamble, he describes very succinctly the distinction between values which enable a democratic society to prosper as compared to values which embody a capitalistic society.  Values reflected in the various forms of trickle down economics that basically say that "money ennobles rich people making them healthy, wealthy and wise;  money corrupts poor people, making them lazy, ignorant, and sick."  It is the driving force that exults in tax cuts that transfer upwards of 80% of the advantage to those already rich, while justifying cuts to the safety net programs that stave off poverty, starvation and death of the less advantaged.

This is not to say that the framers wanted our country to fall to a state where only the rich have power and influence, but it is a result of their core belief that possessions and wealth must be protected from the government's grasp, and it is perfect justification for a populist leader who can manipulate that message to turn the everyday citizens against any government regulation that restricts individual rights regardless of whether that restriction protects against polluted air and water, the destruction of the environment, or the creation of a "corporation" that has all the power of a person but no responsibilities for those people who create it when that entity breaks laws or engages in immoral acts.

When the government becomes the enemy of the people, there must be recourse for the citizens to retake rule and create a new form of government.  It is a rallying cry that was as apparent and powerful today as it was 242 years ago.  But what do we do when the government is run by people who have perverted the rule of law to only favor those with wealth and influence, who set themselves above the law while using its tenets to control the population?  And, who do so, not through force or deceit (Mueller's probe not withstanding), but by convincing the citizenry, through attacks on the free press, government run propaganda outlets, and a constant stream of divisive tweets that divert our attention by demonizing those who disagree, are of different color or country of origin.  Who then use the foundation of our unique government, the executive, legislative and judicial the branches, to create a fortress of laws that will protect their wealth at the expense of the people?     

What do we do when the rule of law has been altered so insidiously that it no longer seeks justice for the many, but prosperity for the few?