Thursday, August 27, 2009

Citizen's Corner: The Rule of Law vs. Rule of Kennedy



Two of the fundamental principles of a Constitutional Republic are a general respect for the Rule of Law and that all citizens are equal before the law. What these mean in practice are that everyone of us must conform to the law regardless of our personal and temporary circumstances. Also it means that Laws should be given great deference and not changed for light or transient purposes. Finally it means that ruled and ruler alike are expected to conform to the law despite temporary personal disadvantage. It is these requirements that make us a land of laws, not of men. They create an atmosphere that serves the needs of the many without infringing on the liberties of the few or the one.

However, these important concepts of our republican form of government seems to have been lost in recent years. Advocates and politicians for both sides of the duopoly have been disrespecting the law and treating it as their personal tool. The most recent example is what is happening in Massachusetts today. With the death of Sen. Kennedy, and at his pre-death request, the State of Massachusetts is seriously considering a change in their election law to allow the Governor of that State to appoint a replacement for the seat once held by Mr. Kennedy. The existing law requires that the seat remain vacant until a special election is held some months hence.

The motive for this move is the fact that without Kennedy, the Democrats who control the Senate would have a more difficult time ramming through the Obamacare Bill in the Senate. They need a firm democratic senator from Massachusetts to shore up their numbers. Given that he current governor is a Democrat, such a change in the law would assure this a result.

What makes this move even more damning is the fact that back four year ago, the law in Massachusetts provided for appointment by the governor of a senatorial replacement, exactly what is being advocated now. The twist is the law was changed because at the time the other senator from Massachusetts, John Kerry got the nomination of the Democratic Party and it looked like he would win the Presidency. If Kerry won, then the Republican Governor (Mitt Romney) would have been allowed to appoint a senator of his choice to fill the seat. So the Democratic Legislature rammed through a bill forcing the change to the current system. Now the Massachusetts Democrats are having “buyers remorse” due to a change of circumstances. It appears that no one in the Massachusetts legislature even thought about what would happen in the future or what were the long term consequences of the legislation. In essence, they changed the law for short-term personal political gain and for superficial reasons.

The above does not imply that the Republicans aren’t exempt from such dealings, only that the Kennedy case is a prime example of the rulers placing themselves above the law, thereby disrespecting it. It is no wonder that people no longer trust their elected officials and have such a negative view of the role of government. With actions like these, it is no wonder that the average person, special interest group, and lobbyist treat the power of government as a tool for personal gain. Our government has become little more than a gang of self-promoting elitists paying lip service to a love for the law while using the awesome power of government to fulfill their petty political needs. The citizens of Massachusetts, regardless of party affiliation, should be appalled by Kennedy’s request. All of us should be made aware of the destructive nature of this blatant gesture of political gamesmanship from Senator Kennedy which will live on as a final cancerous and black mark on his career.

The lawmakers and enforcers must be the first held to the requirements of the law. They must be held to the highest standard of conformity to the law. For if they are not, then how can we expect the average person to respect the law, obey it and support it. “But who,” you may ask, “will hold our leaders to this standard?” We, the citizens of our republic, must do so. For too long we have failed to do so and as a result our republic has suffered greatly in confidence, respectability, resources, and self-respect. Our laws are in shambles. Enacted with little calm, rational, and humble reasoning. Enacted without a clear understanding of the foreseeable consequences and with little regard for the possible abuses that they could cause upon the liberty, property, and opportunity of many in our nation. But for the want of a little forethought and caution, Massachusetts and this nation are faced with the wages of unintended consequences. Consequences which we can not afford now or in the future.

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