THE FIRST CASUALITY OF WAR

The First Casualty of America's Civil War: The Rule of Law

America is in the throes of a civil war, though no shots have been fired, not yet. The battle lines are drawn, pitting oligarchs who control the government against freedom fighters striving to marshal their ranks and resources. This conflict is actual and should be recognized for what it is: a war. On one side stand the forces of fascism and theocracy, determined to dismantle democracy. On the other hand, there is resistance from those committed to preserving freedom and equality. Yet, the rule of law is the most significant casualty of this war so far.

Understanding the Rule of Law

The rule of law is the bedrock of any functional democracy. It encompasses several elements, including:

1. The Constitution: The supreme law of the land, alongside the statutes that implement its principles.
2. Judicial Precedent: Known as stare decisis, this doctrine ensures consistency in the law by adhering to established precedents. This concept, carried over from English common law, has provided stability and predictability for centuries.

These pillars have underpinned the growth and success of the United States. They have guided policies promoting freedom and equality, enabling the nation to flourish.

The Assault on the Rule of Law

The rule of law began to erode visibly when the Supreme Court abandoned stare decisis in favor of politically motivated decisions. This departure marked a critical turning point, signaling that the judiciary could no longer be relied upon as an impartial arbiter of justice. Instead, it has become a tool for advancing ideological agendas.

The situation worsened with Donald Trump's promises to reshape the legal landscape entirely. His plan to pardon and commute the sentences of all January 6th insurrectionists, individuals who were guilty of egregious crimes against democracy, is a clear indication of his intention to replace the rule of law with his autocratic version of governance. This is not merely a hypothetical scenario but a looming reality that threatens the very fabric of our nation.

The Implications of Losing the Rule of Law

Without the rule of law, the United States risks descending into chaos. Consider what this loss entails:

• Erosion of Equality: The law's impartiality ensures that all individuals, regardless of status, are held accountable. Abandoning this principle paves the way for tyranny.
• Loss of Stability: Legal precedents provide a foundation for consistent governance. Ignoring them leads to unpredictability and societal unrest.
• Consolidation of Power: A leader who disregards the law can consolidate power unchecked, undermining democratic institutions and the rights of citizens.

Trump’s stated intent to dismantle law enforcement independence and reshape the legal system according to his will is a harbinger of what’s to come. His actions aim to ensure that the law serves not the people but his personal interests and those of his loyalists.

What Must Be Done

To combat this existential threat, we must:

1. Acknowledge the Crisis: The first step is recognizing the war being waged against democracy and the rule of law.
2. Defend Judicial Independence: The judiciary must be insulated from political pressures to restore faith in its impartiality.
3. Strengthen Civic Engagement: Citizens must be informed and active in holding leaders accountable.
4. Promote Legal Reforms: Laws must be enforced by fair-minded judges to prevent abuses of power and ensure that the rule of law remains sacrosanct.

The rule of law is not merely a concept but the foundation of freedom, equality, and democracy. Its erosion marks the first casualty in America’s ongoing civil war. The stakes could not be higher. If we fail to act, the worst is yet to come. The time to resist and rebuild is now. Only by recommitting to the principles that have guided us for centuries can we hope to secure a future that honors the ideals of justice and liberty.

William James Spriggs