It’s About the Law

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the law 2We are a nation of laws.  That, at one time, was something sacred to most Americans.  Why was this sacred?  It meant that we were not an arbitrary society.  Punishments and favors were not based on who you were or what blood was in your veins or any other class based system.  At least that was the ideal.  Today, however, we are rapidly moving away from the rule of law and this is very frightening. Read the Declaration of Independence.  One will quickly see how arbitrary government becomes nothing more than tyranny.  We Americans are better than that.  We believe in the ideals of justice through the application of the law.  Today that foundation is being challenged at its very core, both here in New Mexico and in our nation. First, let’s consider the current debate about Syria.  How quickly we forget that just a few short weeks ago the President was trying to decide if “he” was going to take action on Syria.  The media and the people keep wondering and debating “Should we do something?”  However, the more fundamental question is “Where is Congress?”  Remember it is Congress who declares War, not the President.  At least that is what the rule of law tells us in the Constitution.  Why are we not debating “What is Congress going to do” or “why has it taken so long to involve the one branch that can actually do something?”  These are legitimate questions in a society that values, in theory, the rule of law. Now let’s consider what is happening in New Mexico.  We have same sex marriages now being performed at the order of a judge and without any legislation.  In one fell swoop New Mexicans have same sex marriage.  Forget where you may stand on the issue, the more concerning aspect is how this came about.  It did not happen from a legislative body.  It did not happen after public debate by the people.  Instead, it was decreed by a few judges in specific cases that are now being used as precedent to move forward.  These judges did not hear other viewpoints  and the cases before them were not cases that allowed for any citizen to participate.  Despite the fact that many citizens have feelings on these issues, none of those citizens had standing to involve themselves in the process.  This, more than anything, flies in the face of the rule of law.  There are processes.  We are guaranteed under the United States Constitution to have the right to a republican form of government.  Judicial tyranny is the same thing as tyranny from a King.  There is no difference except one wears a robe.  It’s time that we, as citizens, remember the rule of law. Regardless of where you stand on the issue of Syria or same sex marriage or any other hot topic, the rule of law must stand.  “Experience hath shown, that even under the best forms of government, those entrusted with power have, in time, and by slow operations, perverted it into tyranny.”  Thomas Jefferson. Until Next Time, David A. Standridge

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