No matter how many times you hear the mantra that America is governed by a rule-of-law – and that NO man (or woman, I presume) is “above the law” — that is so patently untrue that it is amazing that anyone would proffer that nonsense – and that anyone, with an IQ higher than a hockey score, would believe it.
Let me first concede that the United States – and many other democracies – have generally good legal systems. They are better than the authoritarian system by far. However, the implementation of the law is by men and women. They rule. Not the law itself.
The discretion to apply the law occurs at all levels of the legal system. When a cop gives you a pass for speeding, he or she is not following the law but putting you … above the law.
Prosecutors have what is called “prosecutorial discretion” – meaning they, not the written law, determine if you are to be held accountable or if you are … above the law. That discretion means that the prosecutor, not the law, rules.
In courts, judges apply the law according to their opinion –or even ignore the law altogether. THEY decide who is guilty and who is not – not the law. They dismiss cases for both legal and personal or political reasons – putting the family, friends, and political allies … above the law.
From the cop on the beat to the Supreme Court, the written laws are applied inconsistently because different folks apply them at different places and at different times. If there were truly a rule-of-law we would not have the justice system operating with such different results along racial lines.
Data clearly establishes that blacks receive harsher treatment – from arrests … prosecutions … convictions, and sentencing – than do white folks. That is not possible under a true rule-of-law. That means that, that in many cases, white defendants are arguably … above the law. And think about that fact when racist Democrat officials ruled over the southern states. Was there a rule-of-law?
There is also a generally accepted belief the wealthy and powerful are less likely to be held accountable. We have seen that time and time again. Are they … above the law.
Presidents of the United States cannot be prosecuted for crimes while in office. That puts the President … above the law. Members of Congress cannot be charged with slander and libel for anything they say on the floor – and they are officially exempt from many laws, such as equal employment.
Members of Congress are … above the law.
Those in the news profession are not held to the same rule-of-law as we common folks. They can acquire stolen documents, refuse to surrender them, or tell how they got them. They do not get prosecuted for trespassing, harassment, and invasion of privacy. They can defy court orders to produce documents.
Journalists are … above the law.
As laws are enforced, prosecuted, and judged by human beings, they, more than the written laws, will have the greatest influence on justice – or lack thereof. And that applies to civil and criminal cases.
There is a common practice among attorneys to “judge shop,” – referring to efforts to get the case before a judge more likely to be favorable to the client. What better evidence is there for the fact that the rule-of-law is suborned by the person in the long black robe?
Yes, we have an incredible legal system – as good as any on Earth. Maybe even as good as humanly possible. But it is human beings who have the final judgment in interpreting and applying the law – and even ignoring it. And no profession is more … above the law … than those who enforce it.
The law does not rule. Those who rule essentially make the law.
Perhaps someday, Artificial Intelligence will take over the judicial system and make “judgments” strictly according to the written law – without the human traits of emotion, bias, prejudice, or … Oh. But then, who programs the computer?
So, there tis.