Rule of Law and its demise
When we [Americans] talk about the rule of law, we
assume that we’re talking about a law that promotes
freedom, that promotes justice, that promotes equality.
—U.S. Supreme Court Justice Anthony Kennedy
As Glenn Greenwald says in the video below, we have two, and only two, options:
A nation of men, or
A nation of laws.
Nothing could be more important to a civil society.
The principle of Rule of Law is intended to be a safeguard against arbitrary actions of the government authorities...The term Rule of Law does not provide any thing about how the laws are to be made, or anything specific like the Fundamental Rights or the Directive principles or equality etc. but it provides for two basic concepts that is Law must be obeyed by the people and that the law must be made in such a way that it is able to guide the behaviour of its subjects.
"The king himself ought to be subject to God and the law, because law makes him king."
The Rule of Law was founded with the Magna Carta, but the concept is far more important today. The entire concept of freedom starts with the Rule of Law.
Rule of Law is actually the very founding stone on which the platform of democracy stands. It is considered as the integral part of a democratic setup. The value of democracy lies in respecting the rights of others and the way they want to express themselves either by speech, writing, painting, drawing etc. And above all Rule of Law means nonarbitariness which can be ensured by guarenting freedom and one of such freedom is freedom of speech and expression.
It is for all these reasons and more that a two-tiered justice system, where the wealthy and powerful have a separate, privileged standard of justice, is totally incompatible with freedom, democracy, and the Rule of Law.
A two-tiered justice system is exactly what we have today, and everyone knows it.
To be fair, a two-tiered justice system is nothing new. Just ask blacks in the South during Jim Crow days. Or Chinese immigrants during the same era.
Discriminating against a minority is nothing new in any human society.
It's not healthy to society, but societies can tolerate a low level of injustice for a long period of time.
The difference today is scope. We are talking about discriminating against the vast majority.
Maybe 90% of the population. This is roughly akin to the two-tiered justice systems of feudal Europe.
This sort of societal paradigm is unstable, and can only be maintained by constant force.
I would like to offer the premise that what we have in this country is actually a three-tiered justice system.
The lowest level is for The Great Unwashed like you and me.
A homeless man robbed a Louisiana bank and took a $100 bill. After feeling remorseful, he surrendered to police the next day. The judge sentenced him to 15 years in prison.
State and local police seized $2.5 billion in cash from nearly 62,000 people without warrants or indictments between 2001 and 2014, an investigation by The Washington Post found. These agencies generally use the proceeds to pad their budget and buy new cars and other police equipment; in Texas, the money can even go straight into officers' pockets in the form of bonuses. Not surprisingly, police departments that have become heavily reliant on forfeiture fiercely oppose any efforts to curb the practice. They argue that forfeiture rules allow law-enforcement agencies to disrupt drug-trafficking operations. Many cases — more than 70 percent in Texas — aren't contested, which police say implies guilt. Attorney General Jeff Sessions insists forfeiture is justified, saying that "95 percent" of cases involve criminals who've "done nothing in their lives but sell dope."Is that true?
The evidence suggests that it's not. People often can't try to retrieve seized assets because they don't have enough money to hire a lawyer for a long, grueling battle. The value of assets being seized, moreover, indicates that many forfeiture targets are hardly major drug kingpins. And abuses of the system are well documented. In 2014, cops at Cincinnati Northern Kentucky airport confiscated $11,000 from a student named Charles Clarke because they said his suitcases smelled of marijuana; the cash was his life savings, and it took him two years to recover the money. In 2012, police wrongly confiscated $17,550 from a restaurant owner in Virginia. By the time he recovered his money, 12 months later, his business had gone bust because he lacked capital.
Outright theft from the powerless by the state is the sign of a society in the late stages of decay.
Another sign is overcriminalization.
In 1998, an American Bar Association task force estimated that there were more than 3,000 federal criminal offenses scattered throughout the 50 titles of the U.S. Code.
Just six years later, a leading expert on overcriminalization, John S. Baker Jr., published a study estimating that the number exceeded 4,000. As the ABA task force reported, the body of federal criminal law is “so large . . . that there is no conveniently accessible, complete list of federal crimes.”
If “ignorance of the law is no excuse,” then every American citizen — literally, every single one — is ignorant and in peril, for nobody can know all the laws that govern their behavior.
Making virtually everything a crime is the logical next step when your objective is to keep people submissive while you rob them blind.
Above us is The Good and True.
They are subject to the law, but it's the law with kid's gloves.
Robert H. Richards IV was an unemployed heir living off his trust fund of Irenee du Pont, of the Du Pont Chemical Company.
Richards was initially indicted on two counts of second-degree child rape for raping his infant son and three year old daughter. If convicted of the charges, he would have faced a minimum ten year sentence...
When it came time for sentencing, Superior Court Judge Jan Jurden said Richards “will not fare well” in prison. Richards was given probation and rehabilitation instead. A confessed rapist basically avoided prison because the judge thought a wealthy man could not handle prison.
Samuel Curtis Johnson III is a billionaire from Wisconsin and heir to the SC Johnson cleaning supplies empire. Johnson was originally charged with felony sexual assault of a child for targeting his stepdaughter for three years.
Johnson confessed when confronted by the mother. He faced 40 years.
The charges had to be downgraded to a misdemeanor when the court held that the stepdaughter could not testify unless she and her mother released her medical records. Johnson’s lawyers wanted the records to see if the stepdaughter had reported the abuse to her therapist. They refused and the case fell apart without her testimony.
Samuel Curtis Johnson was sentenced to four months in jail, but will likely serve only sixty days.
Rich assholes like this are still subject to the law, but they can buy more justice. And if they have to go to prison, well there are conditions for that too.
Called "pay to stay," these programs allow offenders to pay anywhere from $82 to $155 a day and serve hard time in a clean, quiet cell, furnished with typical Oz fare like fluffy pillows, warm blankets, private TVs, a refrigerator, private phones, fucking board games, and chairs not made out of cold, depressing, ass-shattering concrete.
Then there is the top-tier. The Untouchables. They are simply above the law.
Goldman Sachs, need I say more?
Goldman Sachs is on a shopping spree. Last week, it spent $500 million to buy 12 percent of Riverstone Holdings, a private equity firm focused on energy investments. This is part of a $2 billion private equity strategy for the vampire squid. Through a couple of subsidiary funds, Goldman has already acquired stakes in private equity players Littlejohn & Co. and ArcLight Capital Partners, and Accel-KKR, a firm specializing in tech companies.
There’s only one problem with these investments: They’re supposed to be illegal under the Dodd-Frank Act. But “the law” is only as good as the men and women willing to enforce it, as Goldman Sachs has discovered to its delight.
When HSBC was caught knowingly laundering money for Mexican drug cartel and terrorist groups, Attorney General Eric Holder said, "I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy."
The ultimate of The Untouchables are in Washington D.C.
They not only can torture and assassinate people, even American citizens away from any battlefield, they can admit it on camera without shame or remorse, and without even denying that laws were broken.
That's truly the powers of Kings.
There are multiple problems that will all eventually arise from casting aside the Rule of Law.
1.) It's bad for the economy. Without trust in the Rule of Law, people are going to be more reluctant to make long-term investments, start businesses, etc. They could be financially crushed by the state, or a politically powerful client, at any time.
This makes the economy less dynamic, less innovative, fewer jobs are created, and everything slows down.
2.) People become aware of the unfairness and lose respect for the law and the society that tolerates it. Soon you start seeing what happens in third-world nations where so few people bother to vote that those elected have no legitimacy. The corruption at the top trickles down.
To make laws that man can not and will not obey, serves to bring all law into
contempt. It is very important in a republic, that the people should respect the
laws, for if we throw them to the winds, what becomes of civil government?
—Elizabeth Cady Stanton
3.) Eventually all faith in the state is lost. At that point only bribes and brute force gets things done, and both of those methods are extremely expensive. Empires cannot be built or maintained on bribes and brute force.
A good way of looking at it is comparing the Battle of Cannae with the Battle of Poitiers.
In 216 BC, Rome put 86,000 troops in the field against Hannibal, and lost roughly 75,000 killed and captured. They somehow managed to recreate an army after that disaster and eventually win the war.
In 1356 AD, France could only collect 11,000 troops to fight against England, and lost half of them, including the King himself. Immediately after the battle, French rulers experienced a general peasant revolt. The nation foundered and was forced to sue for peace.
Why the drastic differences, both in how many men could be raised to fight, and how society reacted to the defeat?
Simple: Rome in 216 BC was a republic, and moderately free. France, 1,550 years later was a corrupt, authoritarian monarchy, ruled by force. It's hard to get men to fight for things that aren't worth fighting for.
Comments
The fall of Soviet Russia was also America's downfall.
The only reason we had anything near Social Democracy from the 40s to the 70s was because the ruling class were scared shitless of revolt. With no enemy to fight, the chickens came home to roost and the fuckers have been plundering the commons ever since. Sure, we've got 'terrorists' now, but those guys are props (trained and armed by our own state department) for the express purpose of manufacturing consent for more plunder here and abroad.
Modern education is little more than toeing the line for the capitalist pigs.
Guerrilla Liberalism won't liberate the US or the world from the iron fist of capital.
I pleade guilty.
Powerful post gjohn!
Regardless of the path in life I chose, I realize it's always forward, never straight.
Destroyed very idea of contracts. Oh, the Hebrews.
Damn, no link to article. But there was a conservative/capitalist who said that one of the greatest damages done by Bush the Younger was the destruction of property contracts. With all the financial shenanigans, the very idea of being able to trace and establish ownership of property no longer applied--which was the bedrock of capitalist society. And we saw the results of this under Obama. Banks can without legal backing foreclose on homes on which they did not even hold the mortgage. Banks didn't need chain of custody but could merely assert they owned a piece of property.
Also, note about different origins of equitable laws. The ancient Hebrews, the 12 tribes, had a problem. They acted like vicious street gangs to each other. Violence, murder, rape, etc for mere insults. So the Hebrews got together and formulated the now famous "eye for an eye". This was not an inscription for revenge but for proportionate, and equal justice. That is, if I knock your tooth out, you don't get to kill me and sell my family into slavery. Actions must be proportionate to the transgression. Second, all laws universally applied to all stations of society. Up to this time in the ME, laws were class based with different rules. For example, if an aristocrat has an affair with your wife, he pays a fine. If you have an affair with an aristocrat's wife, you are bond in slavery and can have your nose cut off.
This equality under the law was illustrated with the prophet Nathan pointed his finger at Kind David for his affair. David could not off Nathan as well even though he was an absolute ruler. Nathan committed no capital crime.
As an Attorney in the 80s and 90s
This was already apparent to me. Our firm had clients w,hose business strategies included screwing over their suppliers and forcing them to sue. Most didn't have the resources to fight and would settle for pennies on the dollar. The same applied to investment firms that would buy companies with junk bonds, install a subsidiary to run the newly acquired company and then strip it of all assets, including pension funds, whereupon the next step was to file for chapter 11 bankruptcy. Often the bond holders had been given a preferrred status through a security interest in real estate or inventory so they would recover some of their investments. All other creditors including workers were shit out of luck. I could go on for hours about the crap I saw go down, including tax free bonds awarded to developers that were guaranteed by the state to encourage investment and job creation. Generally such bonds only ended up in the pockets of the crooks who used lobbyists to grease the skids to qualify for the bonds, and then never completed the proposed development. Naturally, most large firms in NY employed both Democratic and Republican Party officials, even in some cases elected state legislators whose only job was to lobby their budddies for favors for our corporate clients. They didn't practice law they practiced legalized graft.
"You can't just leave those who created the problem in charge of the solution."---Tyree Scott
Hostess Foods
I've seen lots of changes. What doesn't change is people. Same old hairless apes.
Do you know of
I don't recall any.
dfarrah
Nope
"You can't just leave those who created the problem in charge of the solution."---Tyree Scott
This cannot be stated too much or too often.
Thanks so much for this essay. This is an issue that underlies all other issues. If you ain't got Justice, you ain't got nothing.
" “Human kindness has never weakened the stamina or softened the fiber of a free people. A nation does not have to be cruel to be tough.” FDR "
Very informative.
True for everyone but Hillary. Couldn't believe Comey inserted "intent" into the law where it didn't exist to protect her. But then, as your post points out, justice is for poor people and suckers.
I didn't know you could rent better jail space. Amazing.
"Religion is what keeps the poor from murdering the rich."--Napoleon
Not so sure rule of law and empire building
are part of a "best of all possible worlds."
ALL OUR LAWS ARE BACKED UP WITH THE THREAT OF VIOLENCE.
Don't put money in the parking meter. Get a paper ticket that says you own exponentially more money . Don't pay that. Get a warrant that says you owe your freedom. Next time they come with the Black Maria and with handcuffs. We are living under a series of enforced frauds and rackets. First debt based money, financial repression, so called rule of law, and moral coercion. Unfortunately we haven't been able to practice better methods of existence. And the current alternative is back to the old school way of doing things...killing people. Which if you've been paying attention...well enough said about that. Here are some premises from Derrick Jenson's "Endgame"
First five of 20 or more premises
Premise Two: Traditional communities do not often voluntarily give up or sell the resources on which their communities are based until their communities have been destroyed. They also do not willingly allow their landbases to be damaged so that other resources—gold, oil, and so on—can be extracted. It follows that those who want the resources will do what they can to destroy traditional communities.
Premise Three: Our way of living—industrial civilization—is based on, requires, and would collapse very quickly without persistent and widespread violence.
Premise Four: Civilization is based on a clearly defined and widely accepted yet often unarticulated hierarchy. Violence done by those higher on the hierarchy to those lower is nearly always invisible, that is, unnoticed. When it is noticed, it is fully rationalized. Violence done by those lower on the hierarchy to those higher is unthinkable, and when it does occur is regarded with shock, horror, and the fetishization of the victims.
Premise Five: The property of those higher on the hierarchy is more valuable than the lives of those below. It is acceptable for those above to increase the amount of property they control—in everyday language, to make money—by destroying or taking the lives of those below. This is called production. If those below damage the property of those above, those above may kill or otherwise destroy the lives of those below. This is called justice.
That wasn't what I was trying to say
What I was thinking was that Rule of Law was what convinced most of the peasants to "buy in" to the system. That buy-in allowed for so much more by TPTB.
I keep going back to the size of armies.
During the Punic Wars you had these massive armies mobilized to fight by the Roman Republic.
Then in the late Roman Empire and for nearly 2,000 years all through the Middle Ages, TPTB could only manage much smaller armies despite there being so many more people.
Kings, lords and their personal mercs had to fight and pay for their own wars.
Then came the French Revolution and armies of peasants destroyed royal armies and nearly overwhelmed all of Europe.
They bought into the system. They even paid for it.
This is why TPTB saw value in that buy-in, and why it's in their interest.
Which is why the recent destruction of the Rule of Law undermines their own interests, as well as ours.
They are so corrupt that they can't help it.
Well yes you are definitely more attuned to these
Cognitive dissonance like when you were a child holding your breath for as long you can. Practice it.
This is what diminishing returns on COMPLEXITY looks like. Systemically Inescapable.
For example the widely reviled (in the circles I travel ) the Koch Brothers. Yet I also know they have done much for cancer research and the Ballet. I also know their business ( hydrocarbons ) are major carcinogen makers. They are also octogenarians...dead or demented soon. Maybe Timothy Leary was right. "Drop out, tune in..." Etc.
Timothy Leary and “Turn on, tune in, drop out” …
This, after Leary had escaped from prison with the help of the Weathermen and Black Panthers?
After a Swiss canton, judging Leary to be a philosopher persecuted for his writings, had granted him political asylum and legal residency?
For more about Jensen
See this link: http://www.derrickjensen.org/endgame/ and Bookfinder.com.
Laughing at the wrong time wrong place
is now illegal, next.
http://www.counterpunch.org/2017/05/12/american-justice-now-seems-like-a...
I never knew that the term "Never Again" only pertained to
those born Jewish
"Antisemite used to be someone who didn't like Jews
now it's someone who Jews don't like"
Heard from Margaret Kimberley
I remember hearing about Fahrooz. It made my head
explode. That's a perfect illustration of all those federal crimes lurking around waiting to pounce on us.
"The object of persecution is persecution. The object of torture is torture. The object of power is power. Now do you begin to understand me?" ~Orwell, "1984"
I believe in kharma
I never knew that the term "Never Again" only pertained to
those born Jewish
"Antisemite used to be someone who didn't like Jews
now it's someone who Jews don't like"
Heard from Margaret Kimberley
Wells Fargo may have created 1.4 mil more unauthorized accts
But who's counting? LA Times yesterday: Wells Fargo may have created 1.4 million more unauthorized accounts than we thought, attorneys say
Read on for all the lovely details on who they targeted and stuff. No jail? "That's the system."
Love, Kamala Harris and every AG who came before her back to 2002?
Edit: Here they are in case anyone was wondering:
I'm quite visibly pretending to scratch an itch near my eye with my middle finger right now, thinking about that.
Peace
At their mercy.
Overcriminalization is rule of men for all practical purposes: it makes criminals of everyone and allows the PTB to pick and choose who gets prosecuted. Over and above simply having a plethora of crimes on the books, federal prosecutors relish finding "creative" ways to interpret statutes for use against their victims (admittedly some of those may not be blameless but once that genie gets out of the bottle it becomes a scourge for all)---once the feds decide they need to get someone, common sense or decency no longer apply. Even if the feds are unlikely to make a charge stick, the enormous penalties for a conviction encourage the innocent to do a plea; the crippling cost of both time and money that a long legal battle entails also leads to false guilty pleas (or suicide, too).
The curse "May you come to the attention of those in authority" can be all too real in modern America.
But Wall Street laws are too complex for criminal prosecution
In essence, Obama's DOJ was acting like a corrupt police department taking bribes. Pay up, and you criminals don't have to go to jail.
We have reverted to earlier societies which made laws explicitly handing out differing penalties for the same crimes/transgressions based on class/social status. The Code of Hammurabi contains such class distinctions.
BTW: Frank points out that the democratic "meritocracy elites" in fact admire the technical complexity of Wall Street and the banksters who understand it (which are mostly scams). Obama in 2010 praised banksters as savvy bidnessmen who deserved their bonuses after billions in bailout monies. And a month later he praised the mass firing of teachers at an inner city school.
I'm sick of this canard put out by the lapdog MSM pundits,
the Economic Terrorist liars who held the gov't hostage and their puppets in DC, namely Obama and Holder.
Thomas Frank's "Finally, Wall Street gets put on trial: We can still hold the 0.1 percent responsible for tanking the economy: Too Big To Fail bailouts let them get away with it. The amazing result of California fraud trial could change that."
Bill Black is interviewed. He did a piece, which I can't find now, about the propagated lie that ordinary people wouldn't be able to sit on a jury to convict these scumbags, refuting it with the proceedings of this or a similar case. He showed that yes, citizens in a trial could clearly understand what had gone on. Anyone could, when explained.
This was used throughout the economic meltdown of 2008 and after, to excuse away and lay the foundation for the unassailable TBTF propaganda.
"If I should ever die, God forbid, let this be my epitaph:
THE ONLY PROOF HE NEEDED
FOR THE EXISTENCE OF GOD
WAS MUSIC"
- Kurt Vonnegut
Yah jury ignorance was another excuse.
Barack Obama and Holder willingly held off the pitchforks
for the Too Big To Jail crowd. I'm gonna paste part of an essay I wrote a while ago that covered this breach of faith to the American public:
" “Human kindness has never weakened the stamina or softened the fiber of a free people. A nation does not have to be cruel to be tough.” FDR "
Excellent writing.
Let's prove Jesus wrong.
I would respond: justice is the only argument needed, for within justice is freedom and within justice is equality.
But what is justice? We notice it first as children, because no one feels the sting of injustice as a child does. Something in the child knows something is wrong, wrong, wrong and the child grieves, not only for himself but for justice.
We also notice justice is not only meted out unevenly in the world; we are born with different senses of justice between us - some are driven by it while others scarcely seem to know what it is.
Justice is both the most simple, basic concept, yet it can feel complex and nuanced, if not downright tangled at times. Nevertheless, there is something of it that is at the very core of our being. It's not just a concept - we feel it.
If you'll forgive a moment of religiosity, this Bahai quotation (Hidden Words - the Me and My are God speaking, the bolding is mine) kind of sums it up for me and helps me keep it simple: It is something we know.
While in this genre, I am reminded that Jesus said, "The poor, they will always be with thee". If true, it seems the same is necessarily also true of injustice. Exploring the question "Why?" hasn't been in any of the religious philosophies I've encountered, but it seems to be a damned good question. Especially because the more righteous among us would really want to prove Jesus wrong on that one.
There comes a point when people start thinking...
They're gonna send me to jail no matter what.
Do I want to spend the rest of my life in chains? Especially considering that when I get out my entire world will be worse?
The elites are creating their executioners.
I do not pretend I know what I do not know.
I like that term.
NEO FEUDALISM. I have to admit i spend a lot of time and energy trying not to get serf slapped.
According to Harper's article, the US has two leaders
The Bureaucracy Security State vs Trump and they are in a tussle right now.
I wasn't sure what was meant by "Deep State." In the recent Harper's there's an explanation of how it operates below the surface and mostly unreported by the MSM.
The Harper's article -"Security Breach" explains how the CIA actually helps draught legislation and passes it on to the "lawmakers." I'm pretty sure that the article was written before Trump fired Comey so it is prescient in many ways. It makes The Resistance movement seem to be resisting the wrong powers.
To thine own self be true.