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Welcome To The Age Without The Rules of Law, Constitutional Protections, & Norms

The United States’ Founding Fathers appeared to, although having many differences of opinion and priorities, an over-riding vision, where…

Richard Brody · 2025-02-21 12:31 · 0 claps · 5.7 min read
#rule-of-law #constitution #norms #equality #fredom
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Wiki topics: ⚖️ · Law & Justice ✊ · Equality & Identity

Welcome To The Age Without The Rules of Law, Constitutional Protections, & Norms

The United States’ Founding Fathers appeared to, although having many differences of opinion and priorities, an over-riding vision, where our new nation would learn from history, and attempt to avoid some significant mistakes and improprieties, they believed they witnessed and experienced in their countries of origin! They formalized their desire for independence with the Declaration of Independence, and after the Revolutionary War, created a Constitution, which they believed and hoped, could be a guiding light, for generations to come. Thomas Jefferson wrote the phrase, “All men are created equal,” into the Declaration, adopted in 1776. He meant American colonists had the same rights as others, to self-government, etc. Perhaps, the foundational principle from that Declaration of Independence was that all people were endowed with certain inalienable rights, including life, liberty and the pursuit of justice. After the Revolutionary War, the USA created its Constitution in 1787, a document including a preamble, several Amendments including the first ten which are known as the Bill of Rights, and a pathway and formalization of their hopes for a nation, free from any monarchy, and with certain rights and freedoms. Although the Founders ar known to have differed on many specific issues and concepts, th Founders felt they needed a unified, united game-plan for their new nation to proceed forward. With all their differences of opinions and personal preferences, they believed religious freedom was a necessity, and that there should be no national religion, but rather each person had the right to worship as the wished, in an unobstructed manner, or to abstain. It is important to understand this nation was never created as a so-called Christian Nation! Apparently, they strongly believed there was a need for an informed public, because the 1st Amendment included: free speech; freedom of religion; a free and independent press; the right to assembly and petition, etc. The basics were that the government could not restrict a person’s ability to express their opinions, and could not retaliate against someone based on their opinions. The 1st ten rights, the Bill of Rights, was ratified in 1791.

The Founders recognized, apparently, since life evolves and times, and needs change, over time, other Amendments might be needed, creating a formal process and requirement for 2/3 of the States to ratify any new Amendment, in order to ensure these inclusions were deeply agreed to. These Amendments are supposed to hold the same enforcement as the original ones. In order to ensure no one individual or small group could wield undue influence and power, they included checks and balances, which are often referred to as the Balance of Powers. There were to be three co-equal branches of government: Executive; Legislative; and Judiciary. Each branch had specific rights and duties/obligations, as well as limitations and associated checks and balances. The Executive Branch was to preside over government, and represent us officially, sign legislation approved by Congress, possess the veto power (within limits), and certain other specific duties, including declaring war and/or approving treaties and pacts, but none of these were absolute nor without limits and controls. Congress was granted the power to budget and approve expenses, etc., often referred to as the Power of the Pocketbook. When Congress appropriated specific funding or funds for certain programs or projects, the President did not have the right to restrict them. The Judicial branch was to determine legalities and Constitutionality, supposedly in a fair, independent way. Over time and centuries, some of these lines started to blur, fortunately or in some case, unfortunately! However, until Donald Trump became President, first in 2017, and now again in 2025, most considered there to be certain norms, and that they took for granted certain rights and privileges. In Trump 2.0, the President has surrounded himself with a group of loyalist yes-men, whose loyalty to him is apparently more essential than either their qualifications and/or expertise, or loyalty to the nation and the Constitution. There seems to be no guardrails within the Executive Branch, as there were in his first term, and his Party now controls all three branches of government.

In addition, the Republican Party, which for generation emphasized its law-and-order, conservative economic focus, has seemed to morph, from the GOP to the POT (Party of Trump). Trump’s ability to appoint three far-right SCOTUS Justices, created an apparent built-in supermajority skewed to the far-right. Surveys showed most Americans supported Roe v Wade, and most legal authorities considered it, as stated-law, after 50 years, and withholding numerous challenges, yet this SCOTUS reversed it and eliminated Roe protections. SCOTUS also ruled a President possessed nearly-total immunity, which went against precedent and common sense and the concept of No one above the law. This SCOTUS has also issued a variety of NRA-supported gun rights rulings, focused on selective interpretations of the 14th Amendment (only the right-to-bear arms, without its context), even though a former-Chief Justice Burger stated in the early 1990’s, the unlimited gun rights concept was a fraud. It has also made rulings which seem to blur the concept of Separation of Church and State, and some decisons, especially ones written by Justice Alito have used 18th century Christian writings as the justification for its opinion.

To date, Trump 2.0 has gone far-further in his apparent power grab than anyone ever. He has issued many Executive Orders, many of which are being challenged in the Courts, often because they exceed a President’s supposed authority, usurping Congress’ sole authority to declare wars, expend monies, approve or revoke pacts and treaties, create or eliminate Departments, or violates the Constitution, laws, and historic norms.

For example, Social Security and Medicare were created as essential safety nets, and were funded as paid-in benefits, which we are entitled to and guaranteed, but are not traditional so-called entitlements! Trump’s Executive Orders have attempted to freeze approved spending and projects, remov us from foreign agreements, and seemed to be an attempt to create a much broader concept of the powers of the Presidency. These attempts reduce and/or eliminate many traditional safeties and Balances of Power, and have created an almost-unrecognizable national discussion!

When Trump was able to delay his many court cases, constantly appealing, delaying and providing alternative legal interpretations, it seems to have dispelled the notion of No one above the law! The whitewashing of the January 6th events is a clear attempt to deny what we saw in our own eyes. Abandoning our traditional foreign allies, downplaying NATO, the Paris Accords, and siding with Russia versus Ukraine, even-blaming Ukraine for the war (which Russia clearly started when it violated Ukraine’s sovereign borders and attacked), and appearing to side with Putin, and abandoning our traditional support for human rights, seems extreme! His appointment of individuals who are willing to fulfill Trump’s apparent desire for revenge and retribution, is counter-to our norms! Freezing funds, and cutting personal in crucial public safety and health areas, such as FEMA, USAID, DOE funding, and blurring the traditional lines, where the DOJ was independent, and now has an AG who is willing to prioritize this President’s bidding (as oppose to the public) has many potential undesirable ramifications. Many of us remember Nixon’s Enemies List, and McCarthy era so-called Communist threats, so we know it rarely turns out well! To date, this administration has gone way-beyond, merely trying to change things and avoiding norms, to the extent Trump seems to be a clear and present danger to world safety, public health and safety, Constitutional rights and privileges (instead of only convenient, selective ones) and what we have thought to be the American Way!

If the USA is not to remain a nation following the Rules of Law, and focused on the core Constitutional principles, we risk losing our identity, and its 248-year experiment as a different type of democratic republic, foused on all men are created equal, and the inalienable rights! With Trump controlling all three branches of government, will this be able to be stopped? What if the Courts rule against him, and he refuses to abide by rulings? How will the USA proceed into the future? Now, more than perhaps-ever, especially in recent memory, those wishing to maintain our traditional norms and rules of law, must resist, persist, and fight for a process based more on th Golden Rule than those of greed, graft, grift and corruption! Since no one elected Elon Musk and he has not appeared before Congress and has no Security Clearance, and is advising on many issues where it seems there are clear ethical conflicts of interest, why is this permitted? Is this what a Class War looks like? Have we reached a point of no return, or nearing it? Never give up or obey prematurely. Our Founders clearly did not want a nation ruled by oligarchs!


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