The Rule of Law

By Bob Beanblossom

5 July 2016

It seems to me that we conservatives are all for the Rule of Law–as long as we get our way.  We are adamant in our support for the unchanging nature of the Constitution, the separation of powers, and checks and balances within the system. We abhor Executive Orders and Judicial activism that bypasses these Constitutional processes.

Yet, when the system produces a result that we disagree with, we are loud and often abusive, always claiming that the system is rigged, corrupt, and broken.

It may be all the above.  But it is the system we claim to support. Perhaps we should be more attentive to our own position. Instead of claiming foul (which, again, it may be), we could work calmly and industriously to correct whatever problems exist. This takes a reasoned approach to our nations problems, not a bridge-burning, full-attack mode approach guaranteed to alienate even the most rational and moderate opponent.

Our bicameral legislature is charged with making laws.  Major legislation seldom passes without bi-partisan coalitions, without some compromises.

The President, with built-in opportunities for Congress to override, is responsible for approving or rejecting those laws.  Progress is much simpler if the goal is to enact worthwhile legislation rather than backing the President into a corner.

The courts decide the constitutionality and interpret the meaning of the laws as passed.  Simple concepts and clear language with legislation based upon solid constitutional grounds stands the best chances of standing the test of the courts.

All questions that pass through that process have met the intent of the Founding Fathers. They understood that the system was not perfect, and so should we. Since that understanding did not cause them to throw up their hands in dismay, we too, should persevere. No position ‘wins’ all of its objectives.

Skews in results due to partisan politics, including within the Supreme Court, are part of the price of the system.  Those biases call for renewed efforts by the opposing party to regroup, assure that their position is still that of those who elected them, develop coalitions based upon rational arguments, and win elections.

Obvious corruption is cause for similar action. Impeachment is a possibility if calm heads can build a coalition of honest lawmakers. Name calling, irrational ‘my way or no way’ rhetoric, and threats simply vilify the ‘good’ guys and give ammunition to the opposition. We prove that daily. If our position is right, we must be willing to preach it, teach it, and move forward in whatever incremental measures that our votes allow.

Every faction holds anchored positions that are out of sync with others. We forget that the ‘other side’ also holds some values in common with our belief system. The whole system is based upon a philosophy of compromise that yields progress.  That was the reason that the two houses are constructed so differently. The very design attempts to give voice to as many diverse opinions as possible while still producing results.

While we need to keep our anchors set to hold our principles fast, we might consider that every anchor is secured to a line that leads to the ship that drifts in the wind and current while remaining securely attached to that anchor. 

I certainly do not argue against reasoned debate. Each of the issues that confront our country affect the whole nation. It is reasonable that we have different opinions regarding the solutions for those problems. Sometimes we don’t even agree what the problems are. That is understandable. Debate we must, but with the goal of reaching a working consensus to solve a problem. 

Paul, in I Corinthians 1:19-20, warns us of standing on our own wisdom: “For it is written, I will destroy the wisdom of the wise, and will bring to nothing the understanding of the prudent. Where is the wise? where is the scribe? where is the disputer of this world? hath God not made foolish the wisdom of this world?” And, again, in 3:19: “For the wisdom of man is foolishness with God. For it is written, He taketh the wise in their own craftiness.” Maybe we need the input of others with whom we may not agree. Understanding,  also, that these issues should be matters of prayer.

Now is a critical time in our nation’s history.  We are watching as our divided country–separated along so many we-they lines we can’t even keep up–is being reshaped by minorities who, if we made the system work, would have appropriate, but not controlling voices in the United States.

We–conservatives and liberals, Republicans and Democrats,  need to decide if our sacrosanct positions are worth the loss of our nation. Or, whether, solving our national problems through mature, reasoned compromise with incremental improvements is a better route. 

Well, that’s enough.  This won’t be popular with any group, and with only a few individuals. Maybe–just maybe–a few reasoned voices may appear that will start a revolution.  A revolution of reasonable government, representing the electorate, standing on rule of law and process as established by our Constitution and so wonderfully put by President Lincoln in his Gettysburg Address, who in summary said: “that this nation, under God, shall have a new birth of freedom–and that government of the people, by the people, and for the people, shall not perish from the earth.”