The rule of law versus the rule of men. I remember the first time I saw these two phrases written together. They were part of a question on a final examination for an American history course I took during my freshman year at Villanova University in 1961. The question read something like this if memory serves: “The rule of law versus the rule of man. Explain, discuss in detail, and give examples.”

When I saw that question, I certainly did not understand what those phrases meant, and I struggled to write a coherent answer. Today, I believe I understand it much more thoroughly. However, a straightforward comparison of the two concepts is much more challenging to write about because of the changes that have occurred in the past 60 years. So, let me see if I can explain what I mean by that last sentence.

The Rule of Men

The rule of men dominated human affairs for most of recorded history.  Monarchs, kings, and emperors were above the law, as were other members of the ruling elite. Of course, there were some exceptions, but, in essence, power and wealth were the prerequisites for ruling. 

The rule of men changed in the 13th Century with the signing of the Magna Carta in 1215, and changed even more radically with the signing of the Declaration of Independence in 1776.  With the latter and the eventual ratification of the U.S. Constitution, America was to become the grand experiment in self-government, guided by the rule of law.

The Rule of Law

The foundation for the rule of law in America was ratifying the U.S. Constitution in 1788 when the ninth state (New Hampshire) approved it. After that approval, the rule of law became pre-eminent and guided the growth of America through the 19th Century.  Sadly, that pre-eminence changed over time as our governance structure and the legal system became more complex and difficult to manage.  The rule of law has morphed into a system that would not be recognized by the Founders.

The Current Situation

We could easily understand our Constitution because it is simple and straightforward, and, because of this, the Constitution was recognized as the foundation for the rule of law in America.  That foundation continues to be eroded as the three branches of government expand their powers and act to vitiate our freedoms and rights.   

This blurring of the rule of law has been exacerbated by the rise of a two-tier justice system and a return of the rule of men in specific cases.  If one is a member of the ruling elite, you are treated preferentially.  If you lack wealth, power, or connections, you may suffer the severest consequences.

We are becoming a totalitarian state.  Certainly not as oppressive as the People’s Republic of China or the former Soviet Union, but still too authoritarian for my libertarian tastes.  Let’s hope we can reverse this trend before it becomes irreversible.

Links

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