The Rule of Law

By Alden L. Benton

“Rebellion to tyrants is obedience to God.”
~Benjamin Franklin

The rule of law, as opposed to the rule of men, is what separates a democracy from a republic, and what protects liberty from tyranny.

This idea is enshrined in the founding documents of the United States: The Declaration of Independence and the Constitution of the United States of America. 

The Declaration of Independence is the philosophical foundation of the United States.  The Constitution is the blueprint to ensure and protect the liberties defined in the Declaration.

If you want to understand the foundation of this country, and how the government is designed to work, you must consider these two documents together.  To sever one from the other yields the warped leftist notion of a “living” constitution, a constitution free to morph with the whims of society, and the notion that we are not governed by a set of fixed rules, but again, by the whims of society at the moment.

This method of thinking marginalizes the Declaration and the Constitution.  It relegates them to the dust bin of history.  This mindset is prevalent in today’s Democratic Party and those even farther to the left.  This un-value, or contra-value, system has reached a new level with President Obama and his henchmen.

One of the pillars of the rule of law is the first clause of Amendment 14 to the United States Constitution:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.  No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

In a recent article (Union President Testifies: ICE HQ Ordered Agents Not to Arrest Illegals–Including Fugitives) CNS News reports that the president of the union representing Immigration and Customs Enforcement (ICE) officers in testimony before a House Judiciary Subcommittee October 12 said ICE headquarters ordered agents NOT to arrest illegals.

Chris Crane, who is also an active duty ICE agent, said in his testimony:

“Aliens who could not be arrested included but were not limited to ICE fugitives that had been ordered deported by a federal immigration judge as well as aliens who had illegally re-entered the United States after deportation, a federal felony.”

Crane’s testimony continued:

“ICE officers and agents also alleged that they were not permitted to arrest or even speak to confirmed or suspected illegal aliens encountered in the field during operations and were prohibited from running standard criminal record checks for wants and warrants.”

Of course, Homeland Security Secretary Janet Napolitano, whose office oversees ICE, denies all of this.

Obfuscation, deceit, lies, denials, and constitutional circumvention are the trademarks of the Obama administration from top to bottom.  Worse, this practice has all the earmarks of a crass political maneuver of pursuing Hispanic votes for the president’s re-election bid.

Whenever a valid constitutional law is violated, that law must be enforced equally.  This is the essence of the rule of law codified in Amendment 14, Clause 1, of the Constitution.

To pick and choose which laws to enforce, when, and against whom, is not one of the powers delegated to the president by the Constitution.  (See Article II of the United States Constitution)  It is definitely not within the scope of any federal agency.

When an individual assumes the presidency, he takes the following oath of office set forth in the Constitution (Article II, Section 1):

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Preserve.  Protect.  Defend.

President Obama has failed to fulfill any of these three basic principles he pledged to uphold.

If an ordinary citizen failed to uphold an oath, they would face dire legal consequences.

If we are to remain a nation guided by the rule of law, all must be equal in the eyes of the law.  This is why the statue of Lady Justice wears a blindfold.

The President and his cronies have put themselves above the law, above the Constitution, and above the people from whom their powers arise.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it….
~Declaration of Independence, Signed July 4, 1776 

Deriving their just powers from the consent of the governed!

It is time to rid the United States of the curse of the Obama administration — either by the ballot or by impeachment.

©2011 Alden L Benton/Independence Creek Enterprises.
If you want to reuse this material, please follow this link to obtain copyright permission:


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