The rule of law today

In prehistoric times, man ruled by force instead of consent, through bullying instead of influence. If Neanderthal man wanted something, he simply took it by force. He asked no one for permission. He did not negotiate or trade for his needs. The world was for pillaging, raping and plundering. That was how it was for many centuries, and so it remained for many centuries more, when Kings, Lords, and Emperors ruled the globe.

Rule by force extended even into the 20th Century. Consider Manifest Destiny, the Spanish-American War, the rise of The Third Reich, the spread of communism. Even today, in some parts of the globe, force and dictatorship still prevail.

Of course, arbitrary force does not triumph in the United States of America–a great nation where democracy and “the rule of law” are consistently upheld. In the United States–an advanced and civilized nation–we have an evolution of force enshrouded in the rule of law.

In America, if Joe wants to rob Bill, he can’t just go up to Bill and rob him at gun-point. That is clearly illegal. That would be totally unacceptable behavior in our civilized, much more enlightened, society.

No, if Joe wants to rob Bill, he could still do it; but he would have to take an entirely different approach. He would have to lobby Ted, Ed and Harry (others) to raise Bill’s taxes. In a free and democratic society, that would be totally acceptable.

Either that, or else Joe could hire an attorney and sue Bill. In preparation, Joe and his friends could first get Ted, Ed and Harry to pass a bill into law. Such a law would then pave the way for a profitable lawsuit, which would, in effect, amount to legalized robbery–to a higher, more perfect, form of force.

This kind of thing happens all of the time. The Americans with Disabilities Act is a prime example. All Joe would have to do is establish himself in a protected class of “oppressed, minority” citizens–the perfect pretext for legalized robbery.

Now, if Joe happens to work for Bill, he could also organize a labor union and go on strike. This is a perfectly acceptable form of coercive force. The US government fully backs it.

In fact, American labor unions today are using force against the people of the CNMI. This force includes lobbying the White House and certain members of the US Congress, launching a damning media smear campaign, and filing a $1 billion lawsuit–all deliberately calculated to, yes, force a federal takeover upon our islands.

As you can see: the more things change, the more they actually remain the same. The lawyers, bureaucrats, union leaders and politicians have merely replaced the traditional storm troopers and dictators, albeit in (ever so) slightly more benign forms.