Our ‘Government of Laws’ Is Now Above the Law

Our ‘Government of Laws’ Is Now Above the Law

Our ‘Government of Laws’ Is Now Above the Law

The US Attorney General has recently stated that drone strikes on Americans are possible and that banks complicit in the financial crisis are too big to prosecute.

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Attorney General Eric Holder. (AP Photo/J. Scott Applewhite.)

Editor’s Note: Each week we cross-post an excerpt from Katrina vanden Heuvel’s column at the WashingtonPost.com. Read the full text of Katrina’s column here.

“The government of the United States,” wrote Chief Justice John Marshall in his famous decision in Marbury v. Madison, “has been emphatically termed a government of laws, and not of men.” This principle—grounded in the Constitution, enforced by an independent judiciary—is central to the American creed. Citizens have rights, and fundamental to these is due process of the law.

This ideal, of course, has often been trampled in practice, particularly in times of war or national panic. But the standard remains, central to the legitimacy of therepublic.

Yet last week Attorney General Eric Holder, speaking for the administration with an alarmingly casual nonchalance, traduced the whole notion of a nation of laws.

First, the attorney general responded to Senator Rand Paul’s inquiry as to whether the president claimed the “power to authorize a lethal force, such as a drone strike, against a US citizen on US soil and without trial.” After noting that the United States has never done so and has no intention of doing so, Holder wrote that, speaking hypothetically, it is “possible to imagine” an extraordinary circumstance in which that power might become “necessary and appropriate.”

Editor’s Note: Each week we cross-post an excerpt from Katrina vanden Heuvel’s column at the WashingtonPost.com. Read the full text of Katrina’s column here.

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Even before February 28, the reasons for Donald Trump’s imploding approval rating were abundantly clear: untrammeled corruption and personal enrichment to the tune of billions of dollars during an affordability crisis, a foreign policy guided only by his own derelict sense of morality, and the deployment of a murderous campaign of occupation, detention, and deportation on American streets. 

Now an undeclared, unauthorized, unpopular, and unconstitutional war of aggression against Iran has spread like wildfire through the region and into Europe. A new “forever war”—with an ever-increasing likelihood of American troops on the ground—may very well be upon us.  

As we’ve seen over and over, this administration uses lies, misdirection, and attempts to flood the zone to justify its abuses of power at home and abroad. Just as Trump, Marco Rubio, and Pete Hegseth offer erratic and contradictory rationales for the attacks on Iran, the administration is also spreading the lie that the upcoming midterm elections are under threat from noncitizens on voter rolls. When these lies go unchecked, they become the basis for further authoritarian encroachment and war. 

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