Preview

Bending the Rule of Law

Powerful Essays
Open Document
Open Document
3526 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Bending the Rule of Law
Trevor Morgan
Mrs. Schroeder
APE 12
29 March 2012
Bending the Rule of Law What is the rule of law? It is often heard—from the mouths of politicians, judges, CEOs, and the President himself—but does anyone stop and ponder its true meaning and implications? The rule of law is the belief that all people fall equally under the law. This means that no one person or group is above the law, and conversely, no one person or group is below the law. The reason the concept of the rule of law is so powerful is because it is an idea accepted shared by many; and ideas do not die, as V from V for Vendetta so vehemently pointed out. The rule of law does not deal with specifics of how people should live, but the concept that everyone should live under the same rules. It does not differentiate among wealth, title, birth, social standing, or stature; that is why the rule of law is of such immeasurable importance. The United States is founded on the principle of the rule of law—this notion that all people play on fair grounds. The Founding Fathers repeatedly pushed the idea that if a government’s rule were to be legitimate and just, it would impose the law equally to all (Greenwald). Thomas Jefferson frequently expressed the significance of equality under the law.
"In America, no other distinction between man and man had ever been known but that of persons in office exercising powers by authority of the laws, and private individuals. Among these last, the poorest laborer stood on equal ground with the wealthiest millionaire, and generally on a more favored one whenever their rights seem to jar" (Forman 407). Those who built our country did so with this kind of equality in mind: The “poorest laborer” can go up against the wealthiest

elites and stand a fair chance. It was of the utmost importance that this was possible, because the alternative is unthinkable: Of distinction by birth or badge, [Americans] had no more idea than they had of the mode of



Cited: "Banks and WikiLeaks." The New York Times. The New York Times, 25 Dec. 2010. Web. 28 Feb. 2012. <http://www.nytimes.com/2010/12/26/opinion/26sun3.html>. Coscarelli, Joe. "Occupy Wall Street, Julian Assange, and the Advantages of a Leaderless Movement." Daily Intel. New York Magazine, 29 Nov. 11. Web. 27 Feb. 2012. <http://nymag.com/daily/intel/2011/11/advantages-of-a-leaderless-movement.html>. De La Merced, Michael. "WikiLeaks’ Next Target: Bank of America?" DealBook. New York Times, 30 Nov. 2010. Web. 27 Feb. 2012. <http://dealbook.nytimes.com/2010/11/30/wikileaks-next-target-bank-of-america/>. Forman, S. E. The Life and Writings of Thomas Jefferson. Indianapolis: Bowen-Merrill, 1900. Print. Gonzalez, Juan, and Amy Goodman. "Democracy Now." Democracy Now! FSTV. New York, New York, 26 Oct. 2011. Television. Goodman, Amy Goodman, Amy. Breaking the Sound Barrier. Ed. Denis Moynihan. Chicago, IL: Haymarket, 2009. Print. Goodman, Amy. "Why 'Occupy Wall Street ' Makes Sense." The Guardian. The Guardian, 21 Sept. 2011. Web. 14 Feb. 2012. <http://www.guardian.co.uk/commentisfree/cifamerica/2011/sep/21/occupy-wall-street-amy-goodman>. Greenwald, Glenn Greenwald, Glenn. "The Rule of Law." E-mail interview. 22 Mar. 2012. Greenwald, Glenn. With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. New York: Metropolitan/Henry Holt and, 2011. Print. Heimel, Paul. "Eliot Ness: The Real Story." Eliot Ness: The Real Story. 28 May 2001. Web. 23 Mar. 2012. <http://www.ifip.com/ness.html>. Kim, Susanna. "Morgan Stanley Hit-and-Run Controversy." ABC News. ABC News Network, 08 Nov. 2010. Web. 10 Mar. 2012. <http://abcnews.go.com/Business/martin-erzinger- morgan-stanley-hit-run-controversy/story?id=12088074>. Maybury, Rick. Whatever Happened to Justice? Placerville, CA: Bluestocking, 1993. Print.

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Business Law Quiz

    • 1491 Words
    • 6 Pages

    Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.…

    • 1491 Words
    • 6 Pages
    Satisfactory Essays
  • Good Essays

    “Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress rob and degrade them, neither persons nor property will be safe”(Douglas). The American judicial system which has undergone many changes since its colonial times has evolved with the changing times to reflect a modern society, however even with the changes that the judicial system has undergone it still faces a key critical point that continues to undermine the laws and justices from which our society is based. The glaring point is the differentiating treatment between the rich and the poor. In the judicial system the rich are given substantial leniency with corresponding…

    • 1093 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The phrase “rule of law” is important because laws reflect the kind of society that people want to live in.…

    • 540 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    In the United States, true equality has never existed. From the Declaration of Independence to modern times, the U.S. legal system has failed in any attempt at equality. The ideology of "all [men] are equal but some [men] are more equal than others" has been present throughout the history of the U.S. (Orwell). Inequality has always existed in the United States legal system and continues to exist today; however, the inequality presently in the system is not as blatant as what it once was, but the system has come to depend on inequality.<br><br>Since the very beginning of a legal system in the United States, there has been inequality. The Declaration of Independence declared that "…all men are created equal, that they are endowed by their Creator with certain unalienable Rights…"(Jefferson). The reality of the Declaration of Independence was that all free, white, landowning men are created equal. Slavery continued in the U.S. for nearly ninety years after the Declaration, and black Americans still feel the sting of inequality. Women were also left out of "…all men are created equal…." The implied meaning of the opening lines of the Declaration of Independence is what the U.S. legal system has strived for and failed to grasp fully.<br><br>After the establishment of independence in the United States, the development of the Constitution and the Bill of Rights ensued. The Bill of Rights was to establish the basic rights of every citizen of the United States, but failed to do so. The rights of white, male citizens were the only rights that were ensured by the Bill of Rights. The rights of blacks and the underprivileged were not even considered. The Fifth Amendment states, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation" ("Constitution",…

    • 2173 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    The ranks of the wealthy, though largely populated by, as the saying goes, “old, angry white men”, are nonetheless not a homogeneous group, as all of them are individuals. Surely then, it is impossible for such a narrow cross-section to yield the absolute best of all citizens, as well as be the ideal source of all our leaders? To take such a tiny sample of one in a thousand citizens and yield such perfect results is not only not likely but mathematically impossible to produce all of the best citizens in a society. Clearly, then, it is impossible for the great american fatuation with the wealthy to be based in sound reason. What then, can cause it?…

    • 663 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Krugman, Paul. The Conscience of a Liberal. New York: W. W. Norton and Company Inc., 2007.…

    • 3142 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    The Constitution of the United States of America is perhaps the greatest document of all time. It affects everyone in the United States, and because of it, the United States is different than other countries. It was written in 1787, and now is over two hundred years old, probably older than any people living in the United States now. However, it is still relevant to everyone in the United States today. Constitution helped solved many issues at the early ages of the country, and there are still many issues faced by the American society nowadays, one of them is equality. I will talk about this issue and how constitution address it in the paper.…

    • 541 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Tucci, Peter. "The Daily Caller." The Daily Caller. N.p., 25 Feb. 2011. Web. 27 Nov. 2012.…

    • 1654 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Oppressive Unjust Laws

    • 964 Words
    • 4 Pages

    The Declaration of Independance (US 1789) is a very important legal document, and outlines the general rights of a US citizen. In article 1, the phrase “all men are created equal” is declared in what could be considered one of the most pivotal statements in the entire document. In theory, this means that all American citizens are treated equally, without any discrimination or bias targeting certain citizen populations. Sadly, America has not honored this noble proclamation throughout the years. In contrast to the goal of complete equality, many horrific occurrences have happened throughout our history because of crude laws that have been passed. These laws are not based on logic, but on the creator's own skewed biases against certain populations.…

    • 964 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    LIZZA, RYAN. "The Second Term." New Yorker 88.17 (2012): 44. MasterFILE Premier. Web. 15 Feb. 2013.…

    • 1835 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    It is extremely ironic that America takes pride in being a “free” country. Throughout America’s history we have stripped different races and gender from their constitutional rights. Without African American Activists and Feminists groups, America could possibly still live in a society with inequality. Although America’s history is much consumed of inequality, America has advanced tremendously in equality. Racial and gender discrimination has nearly vanished from society with a few exceptions.…

    • 1747 Words
    • 7 Pages
    Good Essays
  • Satisfactory Essays

    Popular Sovereignty

    • 598 Words
    • 3 Pages

    4. Rule of Law- Concept that the government and its officers are always subject to law.…

    • 598 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Critically examine the extent to which the Rule of Law (ROL) has been implemented in Zimbabwe in an attempt to resolve conflicts and peace making in the Government of National Unity (GNU)…

    • 2513 Words
    • 11 Pages
    Better Essays
  • Good Essays

    Rule of Law

    • 526 Words
    • 3 Pages

    The rule of law is the application of laws consistently, without showing favouritism not authorized by said law, or otherwise deviating from it. The rule of law is often a criterion used in judging whether a country has good government or not. It is a principle that values procedural over substantive fairness. In some cases, for example, even when a defendant is known to be guilty, his case will be dismissed on the grounds that the government violated the law by gathering evidence in ways that violated his rights against unreasonable searches and seizures. The reasoning behind such decisions is that upholding constitutional law is more important than upholding the statute that the criminal violated, which is of lesser authority.…

    • 526 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Rule of Law

    • 13583 Words
    • 55 Pages

    The rule of law is a legal maxim stating that no person is above the law, that no one can be punished by the state except for a breach of the law, and that no one can be convicted of breaching the law except in the manner set forth by the law itself. The rule of law stands in contrast to the idea that the leader is above the law, a feature of Roman law, Nazi law, and certain other legal systems.…

    • 13583 Words
    • 55 Pages
    Better Essays

Related Topics