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Originally Posted by RowCoach
Rule of law does not mean a mafia can not exist. Nor does it prevent racist groups from forming. The creation of the FBI in response to organized crime is a great example of the Rule of Law that has existed in this country since before it's founding.
I don't know what you mean by before it's founding. Recent findings are that the first settlements were plagued with factious, murderous in-fighting. But maybe you're not going that far back lol.
But yeah you're right, the creation of the FBI in response was the rule of law in action. However, the scope and duration of a successful assault of the rule of law bears on the integrity of the state of the rule of law. In other words rule of law is a matter of degree, not a binary state. If the U.S. had existed for most of it's life under the historical height of mob influence (or hypothetically worse, say), it would be difficult to justify saying it holds to the rule of law. Such was not the case, but there are many other assaults to the rule of law to consider. These combine for a cumulative effect.
And the KKK was more than a racist group. They were a political terrorist organization whose ranks were swelled with law makers and law enforcement. Because they successfully operated at that level they definitely compromised the rule of law, breaking it from above with a vast and efficient reach.
Racist attitudes in a vacuum are not evidence of compromise of the rule of law. But what was the legal cover for the internment of Japanese American citizens in '42? What about their fundamental rights supposedly protected in the constitution? You don't have to be a legal scholar to know that the internment was nothing but an episode of lawless mob rule.
More recently, Tom Delay (as house majority leader) and Jack Abramoff ran a virtual legislative protection racket, involving many members of congress. Only one lawmaker went down in the aftermath, and a few lobbyist and staffers. Is that the rule of law in action?
Major fraud was undertaken by the financial sector, virtually as a group, bringing the world financial system to it's knees. Has anyone of stature gone to jail? Has anyone been prosecuted? Or has the Attorney General, previously a Wall Street lawyer who represented that same criminal constituency as their lawyer, sat around and made deals, negotiating how much of the stolen money they should give back? Rule of law in action?
Documents have now been released which show that the government has used the (once) secret surveillance system to spy for the benefit of U.S. corporations against foreign competition. I know if I was one of the corporations not given that benefit I would be mighty pissed. This is to say nothing of the implications for international law and the U.S. respecting the rule of law in foreign affairs.
Does the creation and implementation of trade agreements pass your rule-of-law smell test? They don't pass mine because they have zero transparency in their negotiation yet have massive impact on the populations of the participating countries.
Quote:
Originally Posted by RowCoach
And while the government's collection of our private data is certainly a violation of our right to privacy. We still live in a free society. We are not persecuted in mass for what we say. We are not imprisoned without trial nor has out right to counsel been taken away.
McCarthyism was exactly being persecuted for what we say. And for a more recent example, the collection of our private data has been used to target lawful dissidents. Americans have been assassinated abroad with no trial or due process. That can't be news to you. You must think it's just trivial. Civil rights groups don't.
Quote:
Originally Posted by RowCoach
There will always be a struggle to maintain Rule of Law and we must always be vigilant to leaders who would wish to take it away piece by piece but you are talking out of your ass saying this country is not governed by rule of law. By your measurement, almost no country on the planet could be said to be governed by rule of law.
I'm not talking out of my ass. I am giving you numerous examples of major compromises of the rule of law which have had deep and long lasting impacts. You might write them off as episodic but they are continual in aggregate.
If you want some more substantial and built-in structural sources of compromise to the rule of law consider the influence of corporations. What are your thoughts on oligarchy and the rule of law? Corporations are concentrations of private power with a top down command structure who now have rights similar to and, in some instances in excess of, citizens. That's fine because those are the rules we have chosen. But what is happening when these private tyrannies enter into corruption or undue, non-transparent influence with or of politicians through illegal OR legal actions? In my view this is the major source of compromise of the rule of law today.
Increasingly, right wing libertarians feel the same way. I was surprised to find out that the whole "crony capitalism" meme had a libertarian origin. Libertarians are making alarmist appeals to the rule of law as one of their major (if not the major) lines of attack.
Only relative to many other countries has the U.S. done well wrt to maintaining the rule of law. So like you won't see some major legal U.S. export controlled by drug cartels, as are limes in Mexico. Bravo. But why settle for being less corrupt than Mexico? Don't wax nostalgic on a revisionist fantasy of rule of law when we are up to our necks in corruption and dealing with a major assault against our basic rights.