Every democracy holds the seeds of its own destruction. Our democracy is no exception. We the people established the framework for American democracy 233 years ago, and we the people can dismantle it. Each election presents an extraordinary opportunity to strengthen democracy or undermine it through the candidates elected.
One litmus test cuts cleanly through the political diatribe, reveals candidate character and predicts a candidate’s disposition toward democracy: Does the candidate respect the rule of law?
Broadly, the rule of law refers to the restriction of the arbitrary exercise of power by subordination of that power to law. In the Federalist No. 51, James Madison defined the rule of law as that framework which permits government to control the governed and obliges it to control itself.
From Aristotle to Washington, the Magna Carta to the Bill of Rights, the rule of law has been the foundation for social stability, economic prosperity and personal freedom. In the U.S., we compel adherence to the rule of law by administering an oath of allegiance to the United States Constitution, which historically has constrained our leaders from independent forays not sanctioned by law. Vice President Mike Pence’s refusal to interfere with the 2020 electoral vote is a notable example.
But in recent history, the rule of law is most frequently invoked not by adherence to it, but by departure from it by both the right and the left. From refusal to comply with abortion laws, marijuana pardons and the student loan payback to sanctuary cities, immigration bans, undeclared wars and the wall, the rule of law has taken a backseat to expediency in both parties.
Utah is not exempt from that departure. Our state legislators have also sworn allegiance to the Constitution, but have repeatedly expanded legislative power beyond express constitutional limits and defended certain constitutional rights while gutting others.
Some of the most recent examples are the designation of Utah as a Second Amendment “sanctuary state,” bills permitting the Legislature to call itself into session, intervene in court cases, create an inland port, seize power from the governor to fill congressional vacancies and bypass ballot initiatives approved by voters. How can voters determine a candidate’s respect for the rule of law? Consider the following:
• Integrity matters. A candidate who has lied in the past and exhibited a “loose relationship with truth” is less likely to honor their oath of office and will continue to lie once elected. Low estimates suggest that congressmen lie to the public 25% of the time, and despite the conclusions of countless courts, commissions and committees, a 2021 NPR/Ipsos poll shows that two-thirds of Republicans and over one-third of all voters still believe that the 2020 election was stolen.
Some say the common thread in American politics is that everyone lies and everyone knows it, but voters can stop the deception, now. How to discern duplicity? Look for vague and meaningless campaign rhetoric, candidates who consistently speak in terms of party rather than personal achievement and candidates who are unnecessarily defensive. All are covers for candidate vulnerability and a sign of falsification of either ineptitude, prior deceit, or a record the candidate would prefer to conceal.
• Follow the money. Every campaign needs funding, but the source of that funding predicts who will have access to that candidate and how that candidate will vote. In general, candidates funded by individuals and grassroots organizations as opposed to corporate monoliths, party PACs or super PACs, are more likely to support democracy and the rule of law.
Campaign finance laws permit us to see exactly where a candidate’s money comes from, how they’re spending it, as well as what groups are spending on their behalf. Check out League of Women Voters (lvwutah.org), opensecrets.org and each candidate’s financial disclosure at vote.utah.gov.
• Watch for buzz words. The words “patriot,” “liberty” and “freedom” have been hijacked by extremists with an agenda unrelated to patriotism, liberty or freedom (except perhaps the freedom to seize power). Does the candidate use these words in campaign literature, or worse, use these words to describe themselves?
Actions speak louder than words. Are they “freedom loving,” but intolerant, racist or homophobic? A “patriot,” but in civil or above the law? Candidates who use and abuse these terms are committed to the rule of power, not to the rule of law.
• Dig deeper. Candidates commonly lie about or exaggerate their own experience. Fortunately, it is relatively easy to assess history and competence. Look beyond the candidate’s website to their pre-campaign record. Google them. Where have they been? What have they devoted their life to? Who have they associated with? Do their pre-campaign experiences confirm respect for law and motivation for public service or a history of self-aggrandizement and pursuit of power.
Voters, America’s future and the future of the state of Utah lie in your hands. Will the rule of power trump the rule of law? You decide.
Lorraine Brown
Lorraine Brown is an attorney/owner of Utah Legal Advocates, practicing in Weber County. She is a former candidate for the Utah Legislature and remains active in local politics.
