Sponsored Content
2012: Is It 1992 Or 1996 For Republicans? And Some Other Random Thoughts | Main | Snubbing The Senate Tea Party Caucus?
January 22, 2011

The Rule of Law

The rule of law is to be preferred to the rule of man. We do not permit a man to rule but the law because a man rules in his own interest, and becomes a tyrant but the function of a rule is to be the guardian of the justice and, if justice then of equality. --Aristotle

The Rule of Law protects against man's tendency to bask in the light of his own shining intellect--to imagine himself superior to all decision makers who have gone before, to have such confidence in his own judgment as to no longer require the collected wisdom of precedent, and to feel so magnificent about himself as to believe his individual decision making powers are greater than the combined judgment of the voting public and representative legislative bodies.

So we give judges authority, not power. And we make them swear an oath to uphold the law--by definition, a thing that already exists, not one's newly minted personal views. We entrust judges with the authority to weigh the law and to apply it objectively as if blindfolded--blind to all other considerations.

But as careful as the framers of the Constitution were, the system has not been robust enough to stand-up to the precise threat it was designed to protect against. The rule of law is being attacked from within by those who care nothing about it and yet are entrusted to protect it. For the last 60 years, the trend has been toward greater and greater numbers of pathologically arrogant warthogs on the bench who treat the authority entrusted to them as power--as their big opportunity to do as they please, to reshape the world the way they see fit. These judges--almost all from one particular side of the ideological aisle--are more interested in making law than applying it, and this is done openly, without even a pretense of blindfolded objectivity. Thus, there has been a growing amount of reverse jurisprudence--arguing backward from a desired outcome and twisting legal reasoning to support the view. This has nothing to do with applying law and has everything to do with the attempted use of power to exert one's will over others. These self-indulgent despots have abandoned what it means to be a judge. Their open disinterest in impartiality and upholding the law--documented easily enough--is a clear violation of their oath, and, in my view, it is grounds for removal from office.

So that we don't get run over.

This reminds me of Tolkien. One cannot wear the Ring of Power. Aristotle may have said it first, but Tolkien said it best when he talked about the corrupting power of the One Ring:

[S]o great was the Ring's power of lust, that anyone who used it became mastered by it; it was beyond the strength of any will (even his own) to injure it, cast it away, or neglect it.
digg this
posted by rdbrewer at 04:28 PM

| Access Comments

Recent Comments
Lizzy[/i]: ">>>>Orchestral puns? That takes a lot of brass. St ..."

Without Ashli Babbitt shot it's just people walking respectfully between velvet ropes: "Dr. Fauci Now Charging Up to $100k for Speaking En ..."

[/i][/b]andycanuck (Vwz3I)[/s][/u]: "We're in a Cold War with the Chi-Coms. Xi wants us ..."

Sponge - F*ck Joe Biden: "[i]All I know about "Lizzo" is that she (it?) is i ..."

Bitter Clinger: "[i]Xi wants us dead to establish China's place as ..."

Adirondack Patriot: "Remember Gary Powers? ..."

Sponge - F*ck Joe Biden: "[i] Just describe what these ghouls demand re: ki ..."

Polliwog the 'Ette: "I also hope the art, critter, and history bots sur ..."

CharlieBrown'sDildo: "All I know about "Lizzo" is that she (it?) is imme ..."

Marcus T: "Mil and intelligence agencies are kicking up the d ..."

Trump poisoned my cat: "The balloon was a pure flex. China went over the h ..."

rhennigantx: "358 We're in a Cold War with the Chi-Coms. Xi want ..."

Recent Entries

Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64