Wednesday, February 12, 2025
Protecting the rule of law
"Judges aren't allowed to control the executive's legitimate power." — Vice President JD Vance
We need to talk about the rule of law—because it's under serious attack.
The rule of law is the bedrock of our Constitution. It ensures that laws, not individuals, govern society, guaranteeing fairness, consistency, and limits on government power. This principle prevents arbitrary rule by requiring the government to follow established legal norms.
Courts play a crucial role in upholding the rule of law. They interpret and apply laws, protect constitutional rights, resolve disputes, and serve as a check on the legislative and executive branches. Without an independent judiciary, the rule of law erodes, and government power goes unchecked.
Right now, we are on the precipice of a constitutional crisis of unchecked executive power. Federal courts are pushing back—ordering the resumption of funding for programs like USAID, and blocking Elon Musk from accessing sensitive Treasury information. But these rulings only matter if the Trump administration follows them. Courts have no enforcement power without the backing of U.S. Marshals, who, in turn, are controlled by a beholden and complicit Justice Department that appears increasingly obedient to executive authority.
Even if the Supreme Court rules against the administration's actions—which is already uncertain given its earlier grant of broad presidential immunity—without a Justice Department or Congress willing to hold the President accountable, he is effectively free to ignore court orders. If that happens, the rule of law, our Constitution, and our democracy itself will rupture.
The rule of law should not be a partisan issue. Without it, we no longer have a government of the people, by the people, and for the people. Controlling the executive branch's unlawful exercise of power isn't just something the judiciary can do—it's what it must do. The rule of law has mattered to us for the past 236 years. The question everyone should be screaming at the top of their lungs is: does it matter any more?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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