Trump Versus Political Corruption

 

Trump opposes a Federal Judge. Is 'the law' whatever a judge SAYS it is?

Once upon a time, a small village entrusted its leadership to a council of wise men. Over time, as the village grew, those wise men appointed their sons, and their friends, and their relatives, to positions of civic leadership. As time marched on, civic leadership became a sort of ‘family business’ and the people in leadership discovered ways to exploit the public trust. The members of the public were largely unaware of this exploitation, being consumed with their jobs, and their own family issues. 

 New laws were passed by the lawmakers, and judges were appointed so that eventually, the powerful elite became more wealthy and even more powerful. But even though all of this was (or should have been) obvious to the public, they could not take time from their pressing daily duties to see to problems in their government. It was comfortable, and convenient to simply let the politicians administer the affairs of state. The politicians become even better at hiding their activities. They devised ways to obscure, confuse, and misdirect the interests of the public so that their corruption remained largely hidden.

Some of the people began to become aware of the corruption and they began to complain but the politicians merely increased the deception and confusion and misdirection. It seemed like the old ways were gone forever and the people lost all respect for, and control of, their own government. The village grew into a town and then into a large city so most people just figured that was just the nature of progress. As long as the people could still have a job, enjoy the weekends, and watch wrestling and football on TV, those despicable actions of the politicians could be overlooked.

Meanwhile, a man from another town had become wealthy and influential in his own neighborhood. He chose to operate his business in a way that was more transparent, so people could see how he worked. This made him seem like a man that could help the situation in the city. He was not a perfect man, and his methods often ruffled feathers, but he got things done and when he offered to help, the people (well…most of the people) got behind him. The people (most of the people) chose this man to fix the problems of corruption, waste, and fraud.

The predictable chasm opened among the people of the city. Some people were threatened because their primary source of income and security was derived from precisely the waste, fraud and corruption of the former leadership. Others were unhappy because the new guy was upending systems and policies that employed a lot of folks and allowed them to make their boat payments and buy bigger screen TVs. Some folks kinda liked what he was doing but they were still unhappy because the new guy had an abrasive personality and some crazy impulses. He definitely was NOT the same kind of man, nor did he operate in the same way, as the old regime.

The new guy said what he was going to do, and then he did what he said he was going to do.  He did not hide, or obscure, or misdirect the attention somewhere else. When a lawmaker, or a judge was misusing their authority, the new guy called them out and held them accountable. He used the law to attack waste, fraud and corruption. When some of the former leadership was found to have abused their authority, and instead used the power of their office to enrich themselves or family, or promote a political agenda that subverted the intent of the law, the new guy opposed them directly, openly and aggressively. Some of his actions pushed the boundaries of the law and maybe even crossed the lines. But, undeniably, the new guy shook up the old system that was clearly out of control and clearly about to destroy the foundations upon which the city had been built.

Then, as now, the people are confronted with a dilemma. We must preserve the institutions that are essential for the Republic to survive and thrive. Every threat to that objective must be eliminated.

Politicians have perverted the law and our form of government by creating departments and agencies under the executive branch and delegating congressional authority to those entities.  Judges have assumed power that transcends their legitimate authority. Politicians have exploited their offices to amass incredible wealth. Every dimension of our lives is under the control of, or impacted by, government policies and decisions. Most people have come to believe that this 'status quo' IS legal and Constitutional. We do not understand how the 'letter of the law' has come to assert power over the 'spirit of the law' so, sometimes we confused when the 'law' is challenged. 

There are principles that form, and frame, the laws of the land. Those laws are ONLY presumed just and legitimate when they conform to those principles. When a law is passed that violates the founding principles, or when judges issues a decision that is outside of the scope of their authority, then that law or decision is void, notwithstanding how popular it might be. If those politicians have tried to insulate themselves and their corruption by ‘legal’ means then they must be destroyed by any means. We (the people) must be careful that we do not allow the ‘cure’ to become worse than the disease. We must support the dismantling of the oligarchy but not incorporate those means into the ‘new’ (restored) republican ideals. We must return to the founding principles and hold on to them with zeal.

If Donald J. Trump will lead in the context of both the letter AND the spirit of the law, then I support him.  If, as president, he exposes congressmen and judges who have attempted to insulate themselves with pseudo-legal posturing, I applaud him and support his efforts to dismantle that entrenched corruption. BUT…I do not support the use of tactics that violate the spirit of the republic or the constitution. I WANT Trump to come out swinging an axe, but I expect him to be prudent, judicious, and observant of his constitutional limitations.

If he can do that, he deserves our support and our assistance. I hope that on that, we can all agree.

John Sterling, MA, JD
Law and Liberty