Do we favor the rule of law, or lawlessness? - Helena Independent Record
It is truly stunning to see so many of former President Trump’s key people defy legal subpoenas to avoid being asked under oath for truth and facts about the Jan. 6 attack on our Capitol. While you and I respond when we are called to appear in a legal or investigative process, we comply. Even members of the Mafia do so. It is astounding when these political power brokers at the top of our system of government defy the very legal system they are sworn to uphold.
Their defiance of our rule of law poses the grave potential of endangering the foundation of our freedom and democracy. When high-level officeholders of one of our political parties commit themselves to this form of stark lawlessness, we are but a step away from becoming a third-rate autocracy.
Rule of law is a hallmark of American democracy. As our nation formed, we reveled in the fact that we didn’t have a king anymore, that here the law is king — and we the people make the laws. Our successful 240-plus year American experiment in self-governing is built on the base of abiding the law. Whether it is driving on the right side of the road or the peaceful transfer of power, Americans have historically abided by the rules.
If we are ticketed and summoned to appear before a judge, most of us do it without question. Those seeking to skirt the law may ignore the summons, but they will eventually face a warrant and most likely even stronger punishment commensurate with the crime.
Another way Americans are called to face the law is a formal summons or subpoena to address a court as a witness to someone else’s possible crime or to address a possible crime in which they are suspected to be the perpetrator. Whatever the case, almost all Americans respond positively to subpoenas. The lawless among us might ignore subpoenas and hide from the law, but we expect they will eventually pay a penalty for flouting the rule of law.
Our history and civics books highlight the rule of law as one of the things about America that make us a functioning and stable representative democracy. Our civic leaders at all levels, whether elected or appointed, not only rely upon the rule of law, they speak about it as a great virtue of our system. We tell our children to join us in the belief that “everyone needs to obey the law” or “no one is above the law.” We expect every American to be a law-abiding citizen, no matter how high their station or how powerful they might be.
We don’t like it when the powerless or even everyday Americans flout the law. But, we especially take umbrage when the economically or politically powerful act in a manner that shows they consider themselves above abiding by the law -- when their actions say they think they are so important that they don’t have to follow the rules to which we mere mortals adhere.
We expect our powerful political leaders to bear the responsibility to be models of good citizenship for all, especially when they are in the law-making and law-enforcing business. At the national level, members of Congress (the makers of law), judges (the interpreters of law), and a president and his executive branch employees (the enforcers and administrators of law) bear an inordinate responsibility to respect the law, to follow the rule of law.
If these so-called leaders want to claim executive privilege or “take the Fifth” to avoid self-incrimination, they must, under due process, respond to subpoenas and then, during their testimony, they can claim their rights. It is not appropriate to simply assert their rights in the press, ignore legally-issued subpoenas and flout the law. That is lawlessness and those who do it need to be brought to justice within the law if our system is to survive.
As Donald Trump and his followers ignore that law every day, refusing to even testify, our faith in our system is eroded. The defining question of our day is will our nation be guided by the rule of law or lawlessness. On which side of that dichotomy do you stand?
Evan Barrett lives in historic Uptown Butte after retiring following 47 years at the top level of Montana economic development, government, politics and education. He is an award-winning producer of Montana history videos who continues to write columns and commentaries and occasionally teaches Montana history.
source: https://helenair.com/opinion/columnists/do-we-favor-the-rule-of-law-or-lawlessness/article_b6ec92bf-c268-5a69-bd05-8f4ee64df5b5.html
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