The choices this election are bad news for the rule of law.

[Draggingtree]

City Journal:

The choices this election are bad news for the rule of law.

John O. McGinnis October 4, 2016

 

Politics and law

 

Which presidential candidate will best uphold the rule of law? This is one of the most important questions the American voter should consider. The rule of law is essential to a republican society. The Constitution recognizes that the president is central to the rule of law. It requires him to swear an oath that he will faithfully execute the duties of his office and that he will preserve, protect, and defend the Constitution itself.

 

The proposition that we are a republic of laws, not of men, is more than a conceit. Societal respect for the rule of law allows people to plan for the future. It enables them to be secure in their property. It promotes self-help and prevents violence. It also tamps down on political conflict and polarization, because it forces social movements to go through legal processes to change the law. In the United States, these processes are purposefully laborious. Creating new legislation at the federal level requires agreement between both houses of Congress and the president. Changing the Constitution requires two-thirds support in both houses and three quarters of the state legislatures. The requirements of consensus for legislation and constitutional amendments produce compromise, forcing people to work together.