It’s simple. If the playing field was automatically level for all Americans — and if everyone behaved honorably, respecting the rule of law, we could probably dispense with most regulations. Alas, that’s not the case.
Some people — okay, Republicans, it seems — cannot imagine walking past a pot of money without wanting to take it all for themselves. Having all the money means having all the power — which is really what it’s all about anyway. Yes, an over-zealous government can become tyrannical via over-use of rules and regs. But then over-zealous criminals can become tyrannical via UNDER-use of the rule of law.
There’s no middle ground unfortunately. We thought there was. Right now, our problems all flow from the unequal enforcement of the rule of law. We punish Black and brown people harshly while letting rich white people skate. The rule of law eventually breaks down when it’s applied piecemeal. It’s like integrity — it is or it isn’t. You really can’t have 99% of your integrity. It’s the dubious 1% that immediately defines you.
It’s a fact — in response to Donald Trump, Trumpism, Republican corruption and the RW’s naked greed, we will over-regulate ourselves. At least, that’s how it will feel to some people — Republicans. Having the rule of law applied to them will feel like over-regulation. Think of it from the criminal’s point of view — one moment, they’re breaking the law with impunity. The next, they’re in handcuffs. See? Over-regulation.
And handcuffs will be what plenty of Republicans are wearing come 2021. Handcuffs and prison orange will be the new Republican “look”. It’s hard to think of many Republicans who won’t be rocking that look hard. They’ve all — at the very least — conspired to commit a whole host of crimes. Republicans knew even during their 2016 convention — when they formally nominated Trump — that he was breaking the rule of law.
Current GOP Leader Kevin McCarthy famously (it was reported on!) entered a meeting of Republican head honchos and said out loud: “There’s two people I think Putin pays: Rohrabacher and Trump”. Then Speaker of the House Paul Ryan famously replied “Let’s keep this in the family”. Everyone agreed to keep secret the fact that they were breaking the law.
The rule of law will insist that every single Republican who had even the faintest inkling that something was amiss with their party was OBLIGATED to pick up a phone and call the authorities. See something, say something. See something, say nothing? We need to ask WHY? Rather, the rule of law needs to ask “why?”
America started with an impossible contradiction — the statement “All men are created equal” cannot co-exist with slavery. And “all men” needs to be “all people — regardless of their gender — are equal before the rule of law”. That applies to them, of course, regardless of who they love. Making the playing field truly level for everyone will take time and effort and focus. It won’t happen by itself — but then, that’s how the rule of law works. We The People will have to make it happen.
And, despite all the awkwardness and inconvenience that applying the rule of law will cause, the indisputable fact is — it will be worth it.
Republicans won’t think so. Their lawyers will write angry letters demanding we release their clients from long federal prison sentences.
The rule of law will read their letters and refuse to budge. It didn’t condemn them to extinction, they themselves did that. The rule of law was simply the road they took to get there.