Americans are used to hearing about the “rule of law” which sets the ideals of our Republic above other forms of government. But it seems to have been forgotten that “rule of law” does not mean simply obeying whatever momentary capricious rules are enforced by a government in power. In that sense anyone in an organized state – China North Korea Nazi Germany – lived under a “rule of law.”
The idealized American conception, however, implied more than that. It thought that laws were formulated following certain procedures, that most law was stable, that all classes of people were treated the same and – importantly – that historic “rights” were protected .
When any leader – a king, a military dictator, or a popularly elected official – can arbitrarily not enforce certain laws, artificially enhance others, pardon offenders at will, “go after” enemies legally and economically – that is not what we have considered a “rule of law”. Increasingly, that situation seems to be what we have now .
Elite philosophers through the ages have known that the concept of “rule of law” is fragile. It is hard to establish, easy to destroy. As we are now witnessing .
HuntingtonHarborThoughts 