Justice Is Blind and The Rule of Law

Justice is blind. That's what we expect from our justice system. In America, police and prosecutors don't decide whom to investigate or prosecute based on who they are - what political party they belong to, what religion they subscribe to, how wealthy or poor they are - but soley on what evidence suggests they may have done. Dictators in authoritarian regimes use the state's power to prosecute people for political purposes. That is not how things are done in America. Until now.

President Trump made it plain he wants the Department of Justice to investigate Hillary Clinton. The Attorney General has now ordered the Justice Department to investigate whether, when she was Secretary of State, Clinton agreed to permit a sale of American uranium mines in return for contributions to the Clinton Foundation, and maybe her email practices as well. It doesn't matter what you think about Hillary Clinton. It doesn't even matter whether you believe she may have engaged in illegal activities. The rule of law in America is far, far more important than Hillary Clinton.

When he became President, Donald Trump took an oath to "preserve, protect and defend the Constitution of the United States." When he became Attorney General, Jeff Sessions took an oath to "support and defend the Constitution of the United States against all enemies, foreign and domestic." Is that what they are doing?

The Constitution is under attack, and all genuinely patriotic Americans should be alarmed. 

image of edmund burkeEDMUND BURKE

 

Edmund Burke -- the great eighteenth century British statesman -- was both a liberal and a conservative.  For a relatively concise but complete profile of Burke, and an explanation of why by today's standards Burke may be considered either a liberal or a traditional conservative -- but emphatically not a libertarian, neoconservative, or social conservative -- read Professor Bogus' article Rescuing Burke, 72 Missouri Law Review 387 (2007).

Here are some quotes from Edmund Burke:

"We must all obey the great law of change.  It is the most powerful law of nature, and the means perhaps of its conservation."

"Society become a partnership not only between those who are living, but between those who are dead, and those who are to be born."

"The individual is foolish; the multitude, for the moment is foolish, when they act without deliberation; but the species is wise, and, when time is given to it, as a species it always acts right."

"Whatever each man can separately do, without trespassing upon others, he has a right to do for himself; and he a right to all which society, with all its combinations and skill and force, can do in his favor.  In this partnership all men have equal rights; but not to equal things."

 

EDMUND is a blog by Professor Carl T. Bogus.

 

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