THE DEATH OF RULE OF LAW – Part I of VI: The Balance of Power


The U.S. Constitution requires a two-thirds majority vote in Congress, then ratification by thirty-eight states before it can be lawfully changed or overturned… or it can simply be ignored.

People who hate the Rule of Law fill our world, because, in simple terms, the Rule of Law stops them from getting their way at the expense of others. From its inception, the United States of America was Earth’s greatest legal experiment. The one nation founded on the Constitutional Rule of Law, a kingless nation created by the people, for the people, with a democratically elected government of the people. It lasted only 225 years. Before it quietly came to its end, America’s democratic system of Rule of Law gradually overcame many longstanding global injustices while still respecting each citizen’s right to self-determination.

The Founding Fathers built America in a world where, for the most part, democracy did not exist, human rights were not inalienable, governments controlled religious freedoms, slavery was endemic, women and children were chattel, the common man could be imprisoned for speaking his mind and The Law considered him guilty until proven innocent, and citizens feared their own military and police. Our Founding Fathers wanted something better. They wanted a free yet strong nation, where the citizens could be who they would be, and the Rule of Law was above all citizens.

  • A nation where the Catholic, the Protestant, the Jew, the Muslim, and the atheist could share the same public square.
  • A nation where a citizen could speak out on the street corner as well as in the press, and like-minded citizens could freely gather.
  • A nation where individuals had the right to keep and bear arms to insure the country against tyranny and defend the free state.
  • A nation where the citizen had the right to protect his home, property, and private affects against the government, military, and police unless they possessed a lawful warrant.
  • A nation where citizens could not be arbitrarily imprisoned, and were presumed innocent until proven guilty by a jury of their peers.
  • A nation where federal powers were limited to those granted in the Constitution, and other powers are reserved for the individual states and citizens.
  • A nation where a citizen’s rights were not limited to those enumerated in the Constitution, and the people had the right to petition the government for the redress of grievances.

Think on where these very basic rules have led this country. Slavery has been abolished. All citizens of the age of majority can vote in free elections. Women have the right to divorce. Children have rights. We achieved a desegregated society, a true international melting pot of races, cultures and beliefs, each having equal protection under the law, without becoming a homogenous blend of gray. Then, with the dawning of the new millennia, our Constitutional democratic republic began to collapse… and the majority turned a blind eye.


Death of Balance of Power

America is a constitutional democratic republic founded on the principle of balanced power with a ground up approach. Sitting atop our system of government is The Law, embodied in the Constitution of the United States of America. All citizens, including the President, are beholden to The Law. Only God resides above The Law. At the bottom are the citizens, with a right to free speech, a right to gather, a right to bear arms, and a right to vote, who elect a government of their peers. The citizens stand alongside an unfettered press who report when the powerful and rich violate The Law. The elected government consists of a legislative branch to make laws, a judicial branch to interpret laws and mete out equal justice to all, and an executive branch with a president who is the head of state and commander-in-chief. These branches of government are supposed to be autonomous in their areas of power, and any excesses are supposed to be held in check by the other branches.

I will not hazard to guess the day and hour when the Balance of Power envisioned by our Founding Fathers died. The power of the presidency has been steadily growing beyond its constitutional bounds for generations. The judiciary has become increasingly activist, legislating from the bench since at least the 1960s. The legislative branch has come almost completely under the sway of wealthy donors and corporate political action committees over the last thirty years. Approximately fifty percent of the electorate relies on government handouts while paying virtually no taxes, and the majority of the press is driven by the progressive agenda. All I can say is, that as of today, the balance of power in the United States is effectively dead.

The U.S. Presidency – No Longer Subject to the Constitution

Since 9/11/2001, the executive branch of our government has been chaffing against its Constitutional restrictions and ignoring the Rule of Law in general, always maintaining that the end justifies the means. For example, through the use of executive order, President Obama has made significant changes to the Affordable Care Act. While Senator Obama had the legal authority to propose those changes, President Obama does not. Being the head of the executive branch of government, President Obama is responsible for the actions of the IRS. Since Obama’s election, the IRS has engaged in illegal records tampering and willful harassment of conservative activists and political candidates, such as Christine O’Donnell, in a very effective campaign to stifle political free speech, chill the right to assemble and manipulate the election process.

In theory, the president cannot create The Law, yet he does. In theory, the president has the Constitutional responsibility to see that The Law be faithfully executed, yet he does not. The controlling legal authorities – the legislative branch, the judicial branch, the free press, and the citizens – have largely turned a blind eye for the sake of expediency. It is as though Due Process of Law no longer matters as long as the majority gets their way.

America has been turning Left since FDR’s New Deal. America’s Progressive Movement, commonly mislabeled as “Liberalism,” completely abandoned true liberal ideals, such as a dedication to quality education, generosity of heart, a love for literature, science and freedom of thought, embracing interests other than one’s own, and a general respect for Rule of Law, once they became the majority around the turn of the century. Those truly liberal voices, that for generations cried out for and won equal protection for all, have been drowned out by mean-spirited progressives who have destroyed public education, covet entitlements and redistribution of wealth, utterly despise religious faith, and generally refuse to be victimized by the notions of virtuous behavior. The new American majority, the ‘electorate,’ values expediency over nobility, politics over statesmanship, and largely believes that the end justified the means. We tolerate a gross level of political corruption, even encourage it, as long as we get our slice of the corruption pie. Good, old-fashioned Chicago politics on a national scale. The electorate is the ultimate Controlling Legal Authority, and if we encourage our leaders to break laws and violate the Constitution every time we vote, they will jump at the chance.

Monkey See Monkey Do

Seeing that President Obama has successfully exceeded his Constitutionally granted authority with no civil, criminal or political consequence, Oregon governor, John Kitzhaber, illegally suspended Oregon’s death penalty laws and waited for some controlling legal authority to stop him. Nothing happened. Seeing that President Obama and Governor Kitzhaber got away with ignoring state and federal constitutional laws, Washington State Governor, Jay Inslee, also illegally suspended his state’s death penalty laws. Once again, suffering no consequences. No legislative backlash. No voter recall. No investigation by the attorney general. Nothing. Why? Had these two governors, using identical justifications and rationalizations, attempted to suspend assisted suicide or abortion, their constituents would have torn them to political bits. Why? The answer is simple. The progressive electorate in both Oregon and Washington is very left of center. They love abortion and celebrate euthanasia, but they do not care much for the death penalty. They are entirely willing to suspend the Constitutional process if they get the result they want.

This, folks, is the real slippery slope. We are sliding down to a place where the Rule of Law is dead. There are literally hundreds of examples of federal, state and locals officials nationwide that overturn the will of the voters and dismiss the Rule of Law in favor of their personal agendas. As a reward, the electorate reelects them term after term after term. In the name of expediency, we have done it to ourselves. We have cut a swath through The Law to get at the Devil, and now the Devil has turned on us and we no longer have The Law to defend ourselves.