How an Obama Appointee & Harvard Law Professor is Murdering the First Amendment: The Rule of Law Has Been Lost

Paul Craig Roberts in VDARE.com. Paul is an economist who was the Assistant Secretary of the Treasury in the Reagan Administration.

What is the greatest human achievement? Many would answer in terms of some architectural or engineering feat: The Great Pyramids, skyscrapers, a bridge span, or sending men to the moon. Others might say the subduing of some deadly disease or Einstein’s theory of relativity.

The greatest human achievement is the subordination of government to law. This was an English achievement that required eight centuries of struggle, beginning in the ninth century when King Alfred the Great codified the common law, moving forward with the Magna Carta in the thirteenth century and culminating with the Glorious Revolution in the late seventeenth century.

The success of this long struggle made law a shield of the people. As an English colony, America inherited this unique achievement that made English-speaking peoples the most free in the world. In the first decade of the twenty-first century, this achievement was lost in the United States and, perhaps, in England as well. As Lawrence Stratton and I show in our book The Tyranny of Good Intentions: How Prosecutors and Law Enforcement Are Trampling the Constitution in the Name of Justice, (2000), the protective features of law in the U.S. were eroded in the twentieth century by prosecutorial abuse and by setting aside law in order to better pursue criminals. By the time of our second edition (2008), law as a shield of the people no longer existed. Respect for the Constitution and rule of law had given way to executive branch claims that during time of war government is not constrained by law or Constitution.

Government lawyers told President Bush that he did not have to obey the Foreign Intelligence Surveillance Act, which prohibits the government from spying on citizens without a warrant, thus destroying the right to privacy. The U.S. Department of Justice ruled that the President did not have to obey U.S. law prohibiting torture or the Geneva Conventions. Habeas corpus protection, a Constitutional right, was stripped from U.S. citizens. Medieval dungeons, torture, and the windowless cells of Stalin’s Lubyanka Prison reappeared under American government auspices.

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