As we head into a new and surprising presidency, we are experiencing more tumult than usually accompanies the traditionally peaceful transition of power in our democracy. We are witnessing the appointment of “business” people to cabinet positions who have little or no experience in running governmental organizations. This has led to widespread concerns about the difference between running an organization focused on profit for those who own a piece of the corporation (stockholder) and those who have no stake in its success.
George Orwell’s classic dystopian novel “1984” has seen a surge in sales, demonstrating peoples fears of the evolution of a totalitarian state in which individual rights and the guarantees of the constitution are eviscerated and the environment is sacrificed on the altar of greed and the short-term vision of unethical capitalism.
My personal reactions to the results of the election, the succeeding cabinet nominations, and the staccato issuance of Executive Orders made me stop and ponder the existence and sufficiency of our democratic institutions to withstand the allure of power over policy. After considerable reflection, I believe the structural institutions of our democracy will weather this storm.
My faith is founded on three things. First is the brilliance of the founder’s commitment to the separation of powers between the Executive, Legislative, and Judicial Branches of government. Second is the Bill of Rights and subsequent Amendments to the Constitution. And third my recognition that the federal courts, with lifetime appointments, are not casually subject to the politics of elections, but rather to the rule of law and precedent. These core values, the purposes of courts, incorporate the protection of the individual citizen from the arbitrary use of governmental power.
History has taught me one thing. That is, that any radical change in our public policy, law, regulation and structure will eventually be measured against our Constitution and its Amendments. The measured examination of any change in the legal status of our citizens will be made and the rule of law will prevail.
