By weird coincidence I am a member of no less than 4 bar associations, so presumably (if not accurately) I know great deal about the law.
I watched today, this bizarre notion that because we are a nation of laws, children, with an average age of 7, should be punished for the actions of their parents. That a child in this country for 10 years or more, beginning at the age of 1 or 2 could be said to be anything other than American.
That making that determination made us a "nation of laws."
Who are these idiots?
The quote from John Adams is part of a larger essay: https://en.wikisource.org/wiki/Novanglus_Essays/No._7
The quote ended up being that "we are a nation of laws and not men." It has nothing to do with following law blindly. It is all about LIMITING THE POWER OF GOVERNMENT.
I'm not as political as this might make me sound, but there is so much stupidity coming out of Washington, that I feel compelled to save John Adams who is undoubtedly turning over in his grave.
The phrase has nothing to do with what came out of Washington today and everything to do with the idea that children cannot be convicted of a crime in this country except by either (1) being tried before a juvinile court or (2) being determined to be an adult. There is a reason for this which I will come to very shortly.
If we are a nation of laws and not of men, it merely means that all men, especially the men in power, are subject to the laws of the land. It means, in effect, that all the laws passed by Congress (almost all of them) to which the Congress exempts itself are invalid. Indeed, it means the laws that spare the President from what would be conflicts of interest for any other person are invalid. If it is invoked, it should be invoked for some reason tied to its true meaning and not used for political gamesmanship.
Oh how I detest governments, however necessary they are. How I detest zealots from any religion who think they know god's will well enough to force it on themselves or others, that their faith is somehow justified to the exception of others. Just today I was discussing how "the crown of creation" continues to resolve its conflicts by sending its children, too young to drink in a public establishment, to kill the children of those with whom they have a disagreement. We are nothing more than apes, yet we put on such airs, the crown of creation, indeed. More like the thorns in the crown. But I digress.
To understand the law, we must look at 'the rule of law.'
So what is the "rule of law?" This is flexible and has many meanings.
Does it mean just because there is a law that everyone who doesn't obey it is punished? Does it mean we surrender our logic?
It means none of those things, that is for sure. While I can direct to an essay by Adams, for this discussion, I turn instead to a more studied and modern approach.
Forgive me for not being more historical,
The Four Universal Principles
The World Justice Project's definition of the rule of law is comprised of the following four universal principles:
1. Accountability
The government as well as private actors are accountable under the law.
The government as well as private actors are accountable under the law.
2. Just Laws
The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.
The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.
3. Open Government
The processes by which the laws are enacted, administered, and enforced are accessible, fair, and efficient.
How is the rule of law to be interpreted by our founding principles? There is an easy answer in this case and it comes from Jefferson and is enshrined at the very beginning of our laws, in the declaration of our sovereign existence:
We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.
I put before you that these children, not being capable of being guilty and if they are free from guild unless some court so determined under the laws protecting juveniles are entitled to far better treatment than as political pawns so some meglamaniacs can build a wall or do something equally inane.
Or maybe not, tomorrow, it's back to physics.
The processes by which the laws are enacted, administered, and enforced are accessible, fair, and efficient.
How is the rule of law to be interpreted by our founding principles? There is an easy answer in this case and it comes from Jefferson and is enshrined at the very beginning of our laws, in the declaration of our sovereign existence:
We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.
I put before you that these children, not being capable of being guilty and if they are free from guild unless some court so determined under the laws protecting juveniles are entitled to far better treatment than as political pawns so some meglamaniacs can build a wall or do something equally inane.
Or maybe not, tomorrow, it's back to physics.
4. Accessible & Impartial Dispute Resolution
Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are accessible, have adequate resources, and reflect the makeup of the communities they serve.
Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are accessible, have adequate resources, and reflect the makeup of the communities they serve.
https://worldjusticeproject.org/about-us/overview/what-rule-law
And, of course, I have a book for that.
And, of course, I have a book for that.
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