Rule of Law: Different Interpretations notes

Academic Rigor vs. Journalistic Flair

• The article addresses the differing interpretations of the "rule of law," especially in light of Donald Trump's actions and statements.
• Trump's tweet about potentially pardoning himself raised concerns about his respect for the rule of law.

The Ambiguity of "Rule of Law"

• The rule of law, similar to concepts like "democracy" or "equality," is a popular ideal with varying interpretations.
• The United Nations and organizations like the World Bank have attempted to define and measure it through indices like civil rights, security, constraints on government power, and absence of corruption.

Two Broad Definitions of the Rule of Law

• There are two main definitions that often conflict with each other: law over leaders and law ensures people obey government.

Law Over Leaders: The American Ideal

• Definition: This concept, articulated by John Adams as "a government of laws, not men," posits that government leaders are subject to the same laws as all citizens.
• Example: A U.S. senator who extorts money should be prosecuted just like any other citizen.
• U.S. Constitution: The U.S. Constitution and the courts' power to review laws are intended to ensure legal protection for all Americans.
• Federalist 78 emphasizes the importance of judicial autonomy to protect citizen rights.
• Equality Under the Law: This principle became popular in the 19th century in the English-speaking world.
• Enforcement of legal rules and procedures that apply to everyone, including leaders, is central to this concept.
• This concept extends to international law as well.
• American Legal Education: A significant portion of Americans become lawyers, and many enter government, focusing on legal rules, procedures, and textual interpretation.
• Relevance: Actions by leaders, like Trump, that seem to disregard the neutrality of judges or suggest immunity from legal scrutiny are criticized by those who value the autonomy of laws.
• Lawyers mobilized against Trump's executive attitude that they say diminishes their sense of the rule of law.

Law and Order: An Alternative Interpretation

• Definition: Trump and some supporters view the rule of law as deference to political authority and efficient law enforcement.
• Components: This includes institutions like "cops, courts, and clinks" (jails).
• Trump's Appeal: Trump's focus on policing those who break the law, especially undocumented immigrants, resonated with some.
• Since taking office, he has emphasized enhancing police power and loyalty to authority, especially his own.
• Enforcement and state order are components of a legal system; however, they can conflict with citizens’ rights.
• Strong policing can lead to denial of equal protection, brutality, and racism.
• Leaders may prioritize law enforcement and citizen loyalty over legal accountability.
• Presidential Immunity: Trump's claims of presidential immunity and impatience with criticism suggest he sees law as a tool to bolster his authority.
• Global Trend: There's a trend toward leaders, like Egypt’s President Sisi and Turkey’s President Erdogan, who seek to control law.

Conflicting Concepts of the Rule of Law

• Differences in interpretations of the rule of law contribute to conflicts between the Trump administration and lawyers, judges, and activists.
• Even if Trump genuinely believes in the rule of law as enforcement and order, it doesn't justify actions that violate American laws.
• Using complex concepts like the rule of law without context can obscure genuine political disagreements.
• The world may be witnessing a move by leaders to concentrate power in authoritarian ways, rather than an outright rejection of democracy.

Conclusion

• It is important to clarify whether Trump's understanding of the rule of law aligns with most Americans' understanding, especially with the possibility of a constitutional crisis related to the Mueller investigation.