More fundamental than government, more important than politics, is the rule of law. Not only the citizens but the rulers must follow their own laws. Otherwise, no matter who is in power, you have rule by decree, which is nothing more than the arbitrary exercise of power; that is to say, tyranny. Victor Davis Hanson is worried that we are losing the rule of law:
The new lawlessness at the federal level. . . is predicated on “social justice”: those deemed “in need” shall be exempt from the law; those “not in need” shall not.
The War Powers Resolution, like it or not, is the law of the land. It requires the president to notify Congress within 48 hours of committing armed forces to military action. Without an authorization of the use of military force or a declaration of war, the military cannot remain in combat abroad. That’s why George W. Bush went to Congress to authorize the Afghanistan and Iraq wars. During the heated rhetoric over the Iranian missile controversy, presidential and vice-presidential candidates Obama and Biden both expressed support for the resolution — apparently outraged that Bush might unilaterally bomb Iran without notifying a Senator like themselves.
So when we recently passed the 60-day limit after the initial and continual use of armed forces in Libya, why did not Obama seek permission from Congress?
Here the question is not the usual Obama hypocrisy that has seen him demagogue and damn Guantanamo, preventative detention, tribunals, renditions, the Patriot Act (just signed by a former critic via computerized autopen from the UK no less), and Predators — only to expand or embrace them all. Rather, the problem is a question of legality itself.
Is the War Powers Resolution the law of the land or not? Or are we to assume a progressive president is complying with both UN resolutions and an Arab League mandate, and therefore, as the good internationalist and Nobel laureate, sees no reason to consult, as American law requires, his own elected U.S. Congress — the latter a more suspect and reactionary body that does not enjoy the moral stature of the UN or the Arab League? . . .
In that regard, an administration is sworn to uphold the established law; why, then, was the Defense of Marriage Act arbitrarily rendered null and void without legislative appeal, simply because it was considered illiberal by those now with executive power? Can President Obama and Attorney General Holder de facto declare a law unconstitutional and then not enforce it? Could a renegade conservative counterpart likewise declare Roe vs. Wade unconstitutional, and go after abortionists because it deemed them too liberal?
Or perhaps a better example is the bailout to Chrysler that was contingent upon reversing the contractual order of creditors, putting union members and retirees, contrary to law, to the front of the line, and those who held Chrysler debt to the rear. Was the logic something like the following spread-the-wealth notion: Bondholders are wealthier anyway and so have enough money already; union members — and Democratic stalwarts — actually do the work, and so have a moral claim to the money that trumps the superfluous legal right of the wealthy and powerful?
Or we might ponder the administrative decision by bureaucratic decree to stop a company like Boeing from opening a new airline production line in South Carolina, purportedly because it is a red, right-to-work state. Again, the logic is that companies cannot open factories where they wish, since they have moral obligations that must stand above a mere legal notion of freedom of commerce and association.
Do we remember the voter intimidation case dropped against the Black Panthers — on the supposition that, given the history of the poll tax and Jim Crow voter discrimination, a little minor pushback is small potatoes?
Then we come to federal immigration law, or rather the deliberate effort to undermine it — in a fashion that goes well beyond the neglect of the law shown by previous administrations. The Obama administration is going to court, along with Mexico, to sue the state of Arizona that is trying to find ways to bolster a federal law that the administration will not enforce.
But it gets worse: the Obama administration tries to subvert states that wish to follow its own laws, but ignores cities that deliberately flaunt them by declaring themselves “sanctuary cities.” And consider entire states like California, whose Assembly just passed its own version of the “Dream Act” to provide millions in state funds to support illegal aliens at the state-run colleges and universities (at a time when the state is $15 billion short in balancing its annual budget, and, due to such a shortage of funds, must release 40,000 prisoners because of an inability to comply with a court order addressing overcrowding). . . .
Where does this end, this effort by Ivy League lawyers and civil libertarians to substitute supposedly enlightened progressivism for purported reactionary law? We easily and rightly condemn the crime when the Right tries to overthrow legality in the cases of a Franco, Hitler, Greek colonels, or Pinochet, who are easily identified as autocrats and dictators openly subverting constitutional government. But the assault from the Left is more insidious, given that the miscreants do it in self-declared high-minded fashion for “us.” I think here of the frightening trial of Socrates in ancient Athens, the ascendency of the Jacobins during the French Revolution, or Hugo Chavez’s thuggery in Venezuela — not coups as much as overdue punishment of “them.”
Without the law, there is nothing.