HomeOpinionColumnAfter 250 years as a free nation, are we discarding the ‘rule...

After 250 years as a free nation, are we discarding the ‘rule of law’?

By: Keith Kappes
Columnist
Carter County Times

            Much is being said and written these days about the “rule of law” being blatantly ignored by the executive branch of our federal government with many even saying the future of our nation is at stake.

            I recall from my study of American history that John Adams, our second president, defined the concept as the American system must be “a government of laws, and not of men.”

            To save time on a busy day, I queried the Gemini app which is Google’s mobile and web-based AI assistant for a summary of the importance of the rule of law under the U. S. Constitution. The next four paragraphs came from Gemini’s 30-second response.

            The endurance of the United States rests entirely upon its adherence to the rule of law: the principle that all persons, institutions, and entities – including the government itself – are accountable to laws that are properly promulgated, equally enforced, and independently adjudicated.

The rule of law ensures political stability by establishing clear, predictable limits on governmental power. By guaranteeing the separation of powers and an independent judiciary, it constrains elected officials from exercising power arbitrarily or unilaterally. This predictability fosters public trust in institutions, which is vital for a functional democracy. If citizens or leaders begin to feel they can ignore the Constitution, the entire legal and political framework loses its legitimacy, leading to fragmentation and disorder.

Furthermore, the rule of law is the bedrock of equality. It guarantees due process and equal protection, ensuring that no individual, regardless of wealth or status, is above the law. This impartiality protects the rights of minorities against the tyranny of the majority and provides legitimate mechanisms for resolving disputes.

By upholding contract and property rights, it also underpins the nation’s economic system, promoting investment and prosperity. Abandoning this principle means embracing authoritarianism, dissolving the social contract, and ultimately ending the American democratic experiment.

I know that the “separation of powers” means that the executive, legislative and judicial branches of our central government cannot intrude on each other’s responsibilities. If so, since the constitution places “war powers” in the hands of Congress, how can the executive branch wage war anywhere without congressional authorization?

Finally, if implementing the Project 2025 blueprint for radically changing the federal government leads to insurrection which, in turn, results in the violent overthrow of the government, could authors and implementers of that radical plan be charged with criminal anarchy? Or treason, perhaps?

Contact Keith at keithkappes@gmail.com.

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