During the more than 3 decades that I served as an attorney, there were times when I questioned my decision to select the law as my career path. The practice of law was sometimes frustrating, disappointing, conflicting, and seemingly unfair. In retrospect, I now understand that I have always had a deep respect and appreciation for the legal system as it has evolved in the United States. The rule of law is ingrained in America’s DNA, and in my own. It is the need for a system of fairness and justice that attracted me to a career as an attorney.
According to the American Bar Association, many countries throughout the world have joined the United States in striving to uphold the rule of law. Not everyone, including America, has always performed at the level of perfection. However, in these fortunate countries, no one is above the law. Everyone is treated somewhat equally, and is held accountable to the same laws. The laws are enacted by representatives of the people, and there are clear and fair processes for enforcing the laws by an independent judiciary. Human rights are valued and respected for everyone.
In effect, the rule of law is the foundation for community justice, equal opportunity, order, and peaceful existence. It is what empowers our business and government systems to work. When the rule of law breaks down, or is violated, it leads to chaos and lawlessness.
The alternative to the rule of law is the rule of power. Tyranny respects no laws. Tyrants are above the law. History has witnessed the consequences of the rule of power replacing the rule of law. Hitler’s Germany dismantled the German Constitution, and disabled the legislative and judicial branches of government, suspending the laws of the land in order to pursue Hitler’s dictatorial goals. Italy did likewise under Mussolini. The citizens of Germany and Italy were rendered powerless to rely on the protections previously provided under their legal systems. Other nations were rendered powerless to rely on international law to protect their borders and their citizens from being overrun by a more powerful military machine.
A current example of the rule of power involves Putin’s blatant violation of international law in his invasion of Ukraine. As a virtual dictator, Putin is not being held accountable for his illegal actions. He has placed himself above the law by exercising his power. No one in Russia has the right or ability to remove Putin from his position of absolute power. There is no rule of law in Russia, except the rule of Putin.
America is currently being tested on the rule of law. A former President appears to have attempted to overturn our Constitutional Democracy in order to retain power against the will of the voters. He has urged his supporters to violence in order to keep him in power. He has placed himself above the rule of law that has prevailed in the United States since the 18th Century.
- Is the American legal system up to the task of holding Trump and his co-conspirators accountable for their actions?
- Are his supporters going to peacefully accept the decisions of the judicial system?
- Will his party nominate him as their choice to run for President in 2024, even if he has been convicted of the crimes for which he has been indicted?
- And if so, what would be the impact of such a Presidency on the rule of law in America?
These are the questions we are faced with today.
