On Testing Democracy’s Limits
A nation is nothing more than a collection of agreements between its citizens, that allow them to work and progress together. In a modern nation, those agreements are codified in laws. Society expects citizens to respect those laws. The police and the courts are authorized to see that the social agreements are followed. There are other, less formal agreements. These have been forged over the decades into precedents and acceptable behavior. These are enforced by public pressure, not legal action. Our nation is now in the midst of an unprecedented testing of both formal law and previously unacceptable behavior. The response by legal authorities and the public has been slow and cumbersome. But now Steve Bannon is going to jail. A test of our rules of law.

For four years, the nation was kept reeling as the prior Administration thumbed its nose at the law, the courts, and any modicum of attention to precedent. Using the shield of Executive Privilege, and control of the Attorney General’s position, the Trump Administration ignored subpoena’s, displayed arrogance in the face of lawsuits and seriously spawned doubt that they were subject to any repercussions for their actions. At the end, the most egregious violators were granted pardons and smiled as their prosecutors were disarmed. These were people who held high public office. They blatantly threw their middle fingers up to Congress, used their positions for personal enrichment, ushered in an era of lies and scapegoating and strode around the globe as if the rules just didn’t apply to them. Post-Trump, there are a number of acolytes that continue in the lawless, crude and emboldened mode of the prior times. They want the wild west to return.

The public is bi-polar on all of this. A significant part of the nation cheers these outlaws on. Jesse isn’t robbing their bank. Another part of the nation is now uncertain about what the social agreement really is and its enforceability. In the least, they understand that there are a different set of rules for some. Then there are those who are seeking to reestablish confidence in our nations law and order. Those are the folks who sat on a Grand Jury and indicted Steve Bannon and will shortly do the same to Mark Meadows. Depending on what they end up disclosing about January 6th, the long arm of the law could be knocking on the doors of Mar-a-Lago.

Many will say that this has nothing to do with the rule of law. They will say its all politics and decry any effort to insist their political luminaries abide by the social compact. They see no reason to get upset about scofflaw behavior. They’ve come to believe that the rule of law is keeping them down. While some understand that the foundations of the nation are being rocked, others see this as a football game whose object is to put points on the board.

Yet its no game. This is real life. This is a time when the social fabric of the nation is being torn and shredded. Every petty criminal, embezzler and psychopath can point to national leadership and say “see, they’re doing it and getting away with it”. Do we really want a nation where all bets are off? Where the rule of the jungle replaces the rule of law? Where money talks and everyone else pays the price? Where the basic institutions of democracy are left toothless and without respect or credibility? Are these issues a priority for Americans, or are they down a list that is dominated by culture wars, salted wounds and personal grievances? Perhaps people feel that once they get whatever it is they think they want; the rule of law will magically be reasserted. That’s not how it works…

Ihg 11-13-2021
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