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Friday, 04 December, 2020

The Rule of Law

Date: 16 December, 2000

By: Chief

Imagee have heard for God knows how long that our country does things by the 'rule of law'. In and of itself that is a tremendous concept. The theory is sound. The execution on the other hand is, at best, flawed to the extreme.

Under this so-called rule of law concept there are very few reasons, let alone needs, which necessitate judicial review. A few reasons are:

While not all inclusive, the above list would seem to cover the water front with a fairly thick blanket.

And yes, I fully believe the courts and the legal process have a very important role in our society. Indeed, perhaps the most important role within our society. For courts are the final resting place of civil argument, where people can argue without fear, in theory, of retribution. Should the courts fail, there is but one final option — violence.

At the same time the judicial system has been, and continues to be, abused. Abused by those who are not on trial for a crime, not petitioning for bankruptcy protection, not attempting to vindicate a civil liberty, not seeking appellate review of a court rendered decision or lastly raising a viable question of law. Oh no, these people — and I use that term stretched to its utmost — seek solely a means to an end. Normally that means a favorable decision. The end is whatever that particular person is seeking.

Consider, if you will, this very sorry affair called the Presidential election of the year 2000. Al Gore, the Democratic contender, while winning, albeit very narrowly, the 'popular' vote, lost the 'electoral' vote to his opponent, Republican George W. Bush. Before I continue, I shall tell you now I have nothing but the highest contempt for both Gore and Bush. Additionally, I have nothing but the highest contempt for both the Democratic and Republican parties.

Gore, the current Vice-President and President of the Senate, lost the election, like it or not. Granted the vote tally in Florida was close. It was very close indeed. Close enough that under Florida election law, a recount is automatically conducted by machine. Further, under law, those voters filing absentee ballots must have their ballots in the hands of election officials within 10 days of the date of the election. In other words, the election date was November 7th, absentee ballots shall be counted if those ballots reach the appropriate county election official no later than November 17th.

Knowing that the majority of the absentee ballots filed were from military personnel stationed overseas and knowing, at least traditionally, military personnel tend to vote conservative, Gore and his lawyers did two rather despicable things. First a Democratic lawyer sent a five page memorandum or letter to various people involved in the recount showing how to contest and subsequently have thrown out military absentee ballots. Secondly and this is quite hideous, Democratic lawyers filed suit in court to have removed from Florida election law the single paragraph which specifically pertains to the 10 day 'grace' period given to absentee ballots. The paragraph in question is quoted for your edification:

"With respect to the presidential preference primary and the general election, any absentee ballot cast for a federal office by an overseas elector which is postmarked or signed and dated no later than the date of the Federal election shall be counted if received no later than 10 days from the date of the Federal election as long as such absentee ballot is otherwise proper. Overseas electors shall be informed by the supervisors of elections of the provisions of this rule, i.e., the ten day extension provision for the presidential preference primary and the general election, and the provision for voting for the second primary."

It is ipso facto that the Democratic contender for the Office of President of the United States, the current Vice-President of the United States and President of the Senate of the United States, wanted rather desperately and attempted to have thousands of citizens of the United States fundamental right to vote abrogated! Or, if you don't like that one, how about Vice-President Al Gore, through his lawyers, attempted to void the equal protection and due process rights of thousands of citizens!

In his quest for the presidency, no matter the cost, Gore and lawyers tried to have, unsuccessfully, the constitutional right of due process and equal protection denied to a specific class of citizen, the absentee voter.

How disgusting. It is to me absolutely beyond the pale for a man holding the second highest office in the land and seeking the highest office in the land to attempt to deny certain constitutional rights to anyone, let alone an entire class of citizen! Furthermore, this same man took an oath of office, similar to the oath the President takes prior to entering the office. All to further his own name. All in the name of power.

Two other items are extremely sickening. First, lawyers are not just lawyers, they are also "Officers of the Court." As such, lawyers have a duty to protect and uphold the Constitution. However, in this case the Constitutional rights of thousands of citizens was in the process of being demolished by the very same people whose duty it is to protect the Constitutional rights of We the People. For what? For power. Pure and simple. Corruption at the highest level. These lawyers need to be permanently disbarred and then sued for everything they shall ever own! Vindication of a civil liberty. I think due process and equal protection qualify as civil liberties — don't you?

The second, and indeed most important of the two, is the utter lack of vocal outrage by We the People. For it was outrageous conduct by Gore and his team of lawyers. Yes, there was some vocalization — but it pertained primarily to the fact that Gore, et al., was suing to get his way. Not about the fact that thousands of citizens were being stripped of their rights in an effort to overtake the Bush Florida win and its all important 25 electoral votes. To be sure, that is the most disheartening part of all.

The current debacle over the 'rule of law' was all about power. Not about right. Not about honor or integrity or honesty. Solely about power. Yet this same power struggle will happen again if We the People allow it. To prevent this from occurring again it is incumbent upon We the People to wrest the power from the political parties and place it back where it belongs. With We the People.

The rule of law exists to provide a remedy for a wrong committed. It does not exist to commit a wrong.

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