The rule of law vs. the will of the tyrant

Fresno Bee, Nov. 3, 2024

This week, an arsonist burned ballot boxes in Washington and Oregon. This attack on the vote is, thankfully, a rare occurrence. But it is an ominous warning of threats to our rule-governed democracy.

Our country has established an orderly, rule-governed process for elections. Unfortunately, the rules have been recently disputed, specifically when Donald Trump challenged the idea of a rule-governed process when he refused to admit defeat in 2020. Some Americans are now confused about why the rules even matter to begin with.

Sadly, a number of Americans seem to admire a willingness to break the rules. A Marist poll from April of this year found that 41% of Americans agreed that “America has gotten so far off track that we need a leader who is willing to break some rules to set things right.” Fifty-six percent of Republicans agreed with that sentiment, as did 28% of Democrats.

This result was reiterated by a more recent poll from the Public Religion Research Institute which found that a third of Americans, and 55% of Trump supporters, agreed with the need for a “strong leader willing to break the rules.”

This attitude is Machiavellian and authoritarian. What matters, from this perspective, is gaining power. It does not matter how this is achieved because the end justifies the means.

This cynical idea is morally disastrous. It can be used to justify cheating in the whole of life. The cynic thinks rules are for suckers. And for some arch-cynics, rule-breaking becomes a way of life. What matters to the Machiavellian is outsmarting the saps who follow the rules.

Tyrants think that rules are made by the powerful for their own self-interest. From this standpoint, if you can rewrite the rules to maximize your own power, you’ve won. Not only have you defeated the old system, you’ve also created a new system in your own image.

In response, we ought to reassert the value of a rule-governed world. Rules create stability, structure and order that benefit everyone. Shared allegiance to a system of rules defuses violence and helps establish the possibility of social trust and cooperation. Shared rules allow us to plan for the future and develop common projects.

We rely upon rules to think, communicate, create and build. Grammar, logic, music and mathematics are fundamentally systems of rules. The sentence you are reading now makes sense because it follows the rules of the English language. The rules of language are mostly a matter of custom and habit. They are arbitrary but also important.

Games are like that, too: You can’t make a forward pass beyond the line of scrimmage in football, despite there being no necessary reason for that rule. Someone made it up long ago, and now we just play along. But if you break the rule, you’ll be penalized. And if you refuse to play according to that rule, you are not really playing football.

The legal system is presumably less arbitrary. Some laws appear to reflect the necessary “laws of nature,” as the Declaration of Independence put it, including the self-evident right to life, liberty and happiness. But the legal system also includes conventional and arbitrary elements, including laws about driving, paying taxes and voting.

The electoral college and our winner-takes-all system of voting does not reflect a law of nature. Rather, this system is a social and historical construction. This means that the system can be changed. But there are rules for changing the system, as defined by the Constitution and its amendment process. Burning a ballot box does nothing to change those rules. Nor does refusing to concede an election.

The American system of checks and balances is supposed to prevent a tyrant from corrupting the system of rules. But that system depends upon public trust. Beyond institutional checks and balances, we, the people, need to remind ourselves that rules matter.

The Machiavellians are wrong. The end does not justify the means. And those who are willing to break the rules to gain power are a threat to the very idea of a rule-governed democracy.

Read more at: https://www.fresnobee.com/opinion/readers-opinion/article294831724.html#storylink=cpy

Patient Advice for Living in Limbo

Fresno Bee, October 18, 2020

We are living in limbo. The pandemic rages on. The election hangs before us like a double-edged sword. We don’t know when or how this will end. We hold our breath, while COVID-19 haunts our dreams.

Election years typically end in limbo, with lame ducks and lost causes. This year, we have the added anxiety of a president claiming the election is rigged, while calling for his opponents to be jailed. The nation is worried about election unrest and violence.

Life in limbo is characterized by worry, impatience, dread, and despair. Picture the anxiety of waiting for the results of a cancer test. The answer comes as a relief, even if it is bad news. It is better to know than to wait.

Limbo is a haunted hovering. Time spent in limbo is nonlinear. Limbo is a gateway. But once we cross the threshold we get lost. The passage is obscured by spectral worries that cloud clear thought.

We get stuck in limbo, mulling things over. We brood and ruminate, fret and stew. But we make no progress. T.S. Eliot described this in Prufrock as a world of yellow fog and ether in which every moment contains a hundred indecisions, visions, and revisions. Such dithering frays the nerves and weakens the will.

The experience of limbo is not unique to the present moment. There is a general human tendency to waver and worry, defer and deflect. This is related to the difficulty we have in making commitments and saying good-bye.

Some people never really say “yes” or “no.” They duck the question and beat around the bush. But a firm “no” is a blessing in comparison to a vague deflection. A “yes” opens the door. A “no” closes one. But a “maybe” leaves us in limbo with the door ajar.

And when the party’s over, we stand in the doorway, making small talk in the dark. Perhaps we fear the solitude of the night. Phillip Marlowe said that “to say goodbye is to die a little.” A long goodbye is another kind of limbo.

The antidote is obvious. Breathe deeply and exorcise the ghosts. Take a stand. Close the door. Either turn back or go out and get moving. Remaining at the threshold won’t help you decide. Sure it’s wise to think things over. But deliberation is not avoidance. “Measure twice, cut once,” the saying goes. But after you’ve measured it’s time to cut. And once you begin, cut swiftly and true.

To procrastinate is to live on borrowed time. Eventually the bill comes due. A person can only wait so long. And then you are dead.

Virtue and happiness require action. Patience is crucial. Genuine patience is active and expectant, full of attention. Patience is not passivity, which deadens the mind. Patience is sustained energy directed toward the future.

The Roman poet Horace said that patience helps us endure what cannot be changed. Horace is also famous for saying “Seize the day” and “Dare to be wise.” He said a person who passively waits for wisdom is like an idiot standing beside a river, waiting for the water to stop before daring to cross. Life is short, Horace said, and we can’t trust tomorrow. So plunge on in.

To live is to get your feet wet. Sometimes the river knocks you off your feet. But it is better to swim than to wait. Those who dip their toes never leave the shore.

This may sound like a call for blind action — but it’s not. One of the dangers of limbo is that it can give way to the panicked urge to run and rage. As the tension builds, there is a risk of explosion. But blind action makes a splash without making a difference.

We need to be calm and patient. Worry changes nothing. Fight the urge to panic. This limbo won’t last forever. At some point the ether will wear off and the yellow fog will lift.

Patience is realistic and engaged. Rather than battling ghosts, roll up your sleeves. Rather than pausing at the doorway, get moving. Stay focused on kindness and courage. Stop holding your breath and saying maybe. There is work to be done.