Threats to the rule of law

(written by lawrence krubner, however indented passages are often quotes). You can contact lawrence at: lawrence@krubner.com, or follow me on Twitter.

[ this post was originally published on a weblog called What Is Liberalism ]

I like the way he puts it:

A president who breaks the law is a threat to the very structure of our government.

Our founding fathers were adamant that they had established a government of laws and not men.

They recognized that the structure of government they had enshrined in our Constitution, our system of checks and balances, was designed with a central purpose of ensuring that it would govern through the rule of law.

As John Adams said, “The executive shall never exercise the legislative and judicial powers or either of them to the end that it may be a government of laws and not of men.”

An executive who arrogates to himself the power to ignore the legitimate legislative directives of the Congress or to act free of the check of the judiciary becomes the central threat that the founders sought to nullify in the Constitution, an all-powerful executive; too reminiscent of the king from whom they had broken free.

In the words of James Madison, the accumulation of all powers, legislative, executive and judiciary in the same hands, whether of one, a few or many, and whether hereditary, self-appointed or elected, may justly be pronounced the very definition of tyranny.

Thomas Paine, whose pamphlet on “Common Sense” ignited the American Revolution, succinctly described America’s alternative. Here, he said, we intended to make certain that, in his phrase, “the law is king.”

Vigilant adherence to the rule of law actually strengthens our democracy, of course, and strengthens America. It ensures that those who govern us operate within our constitutional structure, which means that our democratic institutions play their indispensable role in shaping policy and determining the direction of our nation. It means that the people of this nation ultimately determine its course and not executive officials operating in secret without constraint under the rule of law.

Post external references

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    http://www.washingtonpost.com/wp-dyn/content/article/2006/01/16/AR2006011600779_pf.html
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