Our nation has become known around the world as a place of law, where equitable standards are mostly enforced. We have not been perfect, but our trend tends toward greater justice and inclusion. Unfortunately, the current occupant of the White House undermines decades of slow and painful progress. He has pardoned the J6 rioters. He publicly accuses a former president of treason. He tries to distract the media regarding the missing files of a dead sex offender.
People are confused. The United States is supposed to be a nation ruled by law, but what does this mean? What is the difference between a strongman, who rules by personality, force, intimidation and threat versus a nation ruled by statutes?
My wife and I recently took a tour of parts of eastern Germany. We toured castles, museums and monuments raised in praise of powerful leaders. Strong rulers can do remarkable things, but they can also commit egregious folly. The most impactful part of the tour was at the place on the Elbe River where the Russian and American militaries first met. Our guide talked about the rise of Nazism, the war and subsequent life under communist rule. His parting comment was “Don’t elect idiots!”
The contrast between the two German republics could not have been more clearly delineated. One was ruled by democratic rule of law, the other by an authoritarian regime. One nation fully integrated into European life, while the other struggled to emerge from poverty. One where liberty flourished, the other where freedom was repressed.
A 2019 article by Robert Stein of the University of Minnesota Law School provides a template on how to think about the rule of law in modern society and what components make it work. His principles include:
- All are subject to the law whatever their station in life.
- There must be a separation of powers in the government.
- The law must be known and predictable.
- The law must be applied equally to all people in like circumstances.
- The law must protect the fundamental human rights of everyone.
- The law must be enforced so that people will be accountable for their actions.
- Judges must be independent from those who make and those who enforce the laws.
- Members of society must have the right to participate in the creation and refinement of their laws.
When people are afraid to speak truth because they fear reprisal, be concerned. When institutions change their policies, deleting science in favor of ideology, take note. When immigrants are taken from our streets by masked contractors, our legal foundations are in jeopardy.
Each of us has a role to play in protecting the fundamental laws and freedoms of this land. We must all advocate for a nation where the rule of law is clear, rational and applies to everyone. One where the whim of an individual does not alter the fates of millions. If we don’t, our way of life cannot continue.
Todd DeVries is a local mental health professional and the state committeeman for the Bonneville County Democratic Central Committee.