One of the fundamental tenants we must follow to be successful as a Democracy, and to improve as a society, is we must be A Government of Laws, not Men. We can disagree on policy, we can disagree on philosophy, we can disagree on religion and morality. All of that disagreement can occur within the framework of Democracy and it is one of the strengths of Democracy that it provides a framework for negotiating compromises on those difficult disagreements.
But if we don't follow the rule of law, then we no longer are a Democracy. You disagree? As exhibit one look at the Bush administration. Their single biggest injury to the framework of our Democracy is their ignoring the rule of law and deciding that the law sets no limits on their actions. This is why conservatives who agree with the philosophy of the Bush administration policies have publicly broken with it - because the rule of law is more important than ramming through some executive actions.
If you don't like a law, work to change it. If you think we need a law, work to have it passed. That is the essence of Democracy, that we all work toward the laws we would like to see and we all accept the compromises we end up with. And then we continue working to improve on those compromises.
And here's the key point - we follow the law. We do not ignore it. We do not agree to give it a different meaning. Because if we do that we are no better than George Bush. (And civil disobedience is a legitimate part of following the rule of law - because it includes facing the penalty for the violation of the law.)
Sounds easy right? Take a look at Roe v Wade - I have yet to meet a lawyer who does not view it as judicial over-reaching. Political decisions, legislation of morality, these belong in the legislative branch, not the judicial branch deciding to solve a hard problem for us.
As to those that say this was so important it was worth the shortcut, keep in mind that 5 justices can then make any decision - and did so to appoint George Bush the winner over Al Gore. That anti-democratic knife cuts both ways.
Take a look at Amendment 41. Yes it was badly written (which was obvious before people voted for it) and yes most voters (not all) probably did not mean to threaten college scholarships for all the children of state employees. But again, the answer is not to make a mockery of the rule of law because of a bad law - the answer is to fix the law.
And lets take a look at a close reading of our election statues. Yes the law probably means a large percentage of the mailed in ballots are invalid. The fact that this is not what was intended is irrelevant. Again, ignoring the clear intent of the law degrades our Democracy.
Here's why: I called the Secretary of State's office today and asked about giving my daughter a stamp for her ballot (which is paying her to vote). I was told that "as long as I was not a candidate or trying to influence the election I could giver her a stamp." I told her I was writing one of the main blogs about the election and was told "well nevermind that, as long as you are not trying to influence her vote." I pointed out that as her father I probably had more influence on her vote than everything else put together. At which time she said "well nevermind, it's ok."
Here is an example of how ignoring the rule of law is toxic for our Democracy - my opinion now of the Secretary of State's office, the office ultimately responsible for all elections here in Colorado, is that they will do and say whatever is easiest, not what the law mandates. In this small answer to a minor question they have prostituted their integrity on the alter of expediency.
We put the future of our Democracy in the hands of our elected officials, our judges, and our public employees. But it is also in our hands. It is up to us to demand, not request, but to demand - that we remain a nation of laws. That is the social compact necessary to the success of Democracy - that we all abide by the compromises we come to under our political system.
And to those that would let their "common sense" overrule the law, to those that say let the "right thing" trump the law, to those that say something is "too important" to leave it to the imperfections of the democratic process - you are the most dangerous enemy of Democracy.
