If the president acts above the rule of law and fights his own wars, and Congress Acts below it by letting him get away with it, what can we do about it, asks Judge Andrew Napolitano in an op ed “Rule of law provides equal protection.”
The answer is simple: Vote Libertarian. And if you can’t do that, write in a name (even though it won’t be counted) … or don’t vote at all.
“The rule of law is a three legged stool on which freedom sits,” Judge Napolitano writes. The first leg requires laws be enacted publicly, by legitimate authority, in advance of the behavior they’re supposed to regulate, and must be designed to defend individual freedom.
The second leg holds that no one is above the law, and no one is beneath it.
The third leg requires that laws can only be enacted by fundamental structures that can’t be changed arbitrarily, capriciously, or quickly, even by an overwhelming majority.
Remove or weaken any of these legs, and the stool collapses. That appears to be what is happening today:
In our era, the violations of the rule of law have become most troublesome when the government breaks its own laws. Prosecute Roger Clemens for lying to Congress? What about all the lies Congress tells? Prosecute John Edwards for cheating? What about all the cheating in Congress when it enacts laws it hasn’t read? Bring the troops home from the Middle East? What about all the innocents killed secretly by the president using CIA drones? Can’t find a way to justify Obamacare under the Constitution? Why not call it what its proponents insisted it isn’t — a tax?