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Despite having bad connotations, all governments rule by law.

December 8, 2006

What is Law?: We talk about laws and obeying, but rarely what they mean.

Rule By Law

People like to say in a democracy there is the rule of law or that government is essentially limited by what law says. Yet, that ignores the fact that government is essentially made up of people interprating and enforcing law every day.

Words alone have no instinctive meanings and even with stipulative definations; laws can not automatically govern political conduct. Executives can create offical executive orders and use their discresion when proecuting, judges can choose to strike down or sustain laws, and legislators are free to create new laws.

We must always be aware that consitutions are only as good as the people who are sworn to uphold such documents. Without an activist Congress and President who swear to fight for the causes in the consitution and elsewhere, the document will fail to protect our rights. People protect rights, consitutions and laws are simply meaningless words on paper.

Instead, we must elect people who best represent our views and will uphold the Consitution as we see fit. This document like the laws are moldable based on the views of the people in power. The consitution and our laws might be cited as the source of initial power, but ultimately all power rests

It is dangerous to assume our leaders simply serve the rule of law. Instead, we must always be vigilent and realize that the quality of leaders in our democracy is far more important then the fabled consitution or writen laws that they are sworn to uphold.

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