The Post-Rule of Law Era

I am a mother that lives in a bubble of Sesame Street and Mickey Mouse. I joke with my friends that if a television program has a target audience over the age of 5, I haven't seen it. Even with these restrictions I can't help but notice a change occurring in our country that seems completely new.  As I raise my children, I am very familiar with the idea of rules. Mom makes rules. Dad backs her up on those rules. The children learn to follow the rules and everything rolls along smoothly. Every family knows the most important part of this process comes between the two ruling parties. If Mom or Dad make a rule the other ruling party must be aware and fully embrace the new rule or it will never truly take effect.  As Lincoln reminds us, "a house divided against itself cannot stand." So when parents recognize a change in the family they must have a discussion about what should be done agree on an appropriate response, and then inform the children of the new expectation that comes in the shape of a rule. 

Now, the country runs in a similar way.  When the federal government sees a change it agrees within itself on new rules, then states, counties, cities and towns learn of the change, make adjustments within their own charters and everything falls in line. Citizens have many different rule enforcing agencies to help give reminders when rules are broken, and all of these agencies work toward the same goals, enforcing the law. 

This is how things work. All levels of government back up what has been agreed upon, higher up the ladder of authority and our country rolls forward. It is a no-brainer. 

Today, when I catch glimpses of news, I hear that this understanding no longer exists. I don't know when it happened but as a country we longer follow instruction and no longer enforce rules. I don't know if the states are having a coming of age moment or if this is the beginning of an inevitable divorce proceeding.  

As a woman who works day in and day out to keep good relations within the walls of my home, I definitely recognize a house divided. 

Marajuiana use.  Immigration. Same sex marriage. 

In each of these major issues in our country, there are laws that were written, reviewed, agreed upon and enforced. The federal government made rules. The states reflected these rules within their own frameworks and on down the line it went. 

Now, as in my family, rules can be changed. What is appropriate for my five year old is not appropriate for the one year old. So as the family grows and changes so do the rules of our home. Similarly, the government is set up so that it too may change the rules that govern our people. My thoughts are not about whether or not the rules on these issues should or should not be changed. 

The question is, until the rules have been adjusted, how do we address issues that are forming and changing our country. 

Our country's response at the moment seems to be that we pick and choose which laws we agree with and enforce those while ignoring or even publicly denouncing the others. 

This is difficult for me. A judge is elected to evaluate an action as it comes up against the law. The standard is the law and everything is judged against it. Now, of course there is a higher standard, the constitution. So in some select cases, a judge may hold the law up and judge it by the constitution. Though this occurs, the vast majority of judges have not been given this level of authority or training to make such judgements. 

So thinking of other law enforcement agencies, police officers. Again, their job is to know the laws of their borders and to enforce those laws. It is not for the police officer to question the validity of the law, s/he have only been given the authority to enforce the laws of the land. 

There are clear and longstanding roles laid out throughout our country. Everyone plays a part no one controls all the power. 

In today's news Mayors are announcing that laws are not necessary and the police department from here forth will act if such laws didn't exist. Judges, who have not been given the authority or training, are stating that laws are not appropriate and from henceforth their court will disregard such laws and in fact endorse the opposite. Even the federal government will decide not to enforce its own laws and in fact fine local law enforcement agencies for trying to enforce the law as it stands.  

When states begin defying the federal government it seems it will only be a matter of time before cities defy states. 

Lincoln recognize the danger that comes from division within a land. Perhaps in this age of divorce, the people of our nation are unable to remain loyal to laws, guidelines or vows. Though each of us have pledged allegiance to the protection of one nation, when that nation cannot give the freedom I want  and give it to me right now, I will simply turn my back on what has made my country what it is. 

America is still young, but it is coming of age. If we choose to continue down this path of turning our back on the constitution that has brought us this far, what will define us in this post-rule of law era?