ACTUALLY, IT’S JUST SINCE 2008: “The long, slow death of the rule of law in America.”
The most disturbing aspect of the scandal around Hillary Clinton’s use of a private e-mail server during her tenure as secretary of state is not the former first lady’s penchant for secrecy. . . .What’s truly unsettling is that it has been widely taken as read among both the media and the general public that Mrs. Clinton will likely avoid serious legal consequences for her behavior because the Justice Department is ultimately answerable to President Obama – and Democrats will not use the instruments of government to destroy one of their own. Whether that eventually proves true, the sentiment itself reveals a troubling trend in American politics. . . .
While this trend has been at work for decades – you can thank both Richard Nixon and Bill Clinton for hastening the decline – it has reached escape velocity during the Obama years. The Justice Department, for example, already took a pass on prosecuting Lois Lerner, the IRS official at the center of the scandal in which conservative groups were singled out for special scrutiny by the federal government on the basis of their political beliefs. If there’s anything that ought to be a matter of consensus in American politics, it’s that holding the reins of power doesn’t give you carte blanche to turn the power of the state against your partisan rivals. Yet Ms. Lerner, having done that very thing, doesn’t seem to be much worse for the wear.
This hands-off trend isn’t limited by any means to the DOJ. Consider the current debate over the nuclear deal with Iran. By any reasonable reading, the agreement should have been presented to Congress as a treaty, requiring a two-thirds supermajority in the Senate to take effect. The White House, however, has refused to classify it as such, leaving Congress to haggle its way into an arrangement whereby the president can have his way with the support of just one-third of either house of Congress. . . .
That’s the organizing precept of this era in American politics: The rules apply until they put those in power at a disadvantage. Because we’ve arrived at this point incrementally, perhaps we’re not conscious of how sweeping the transformation is. So let’s be clear about what’s at stake: This is a wholesale abandonment of the foundational American principle of the rule of law.
Yep. The rule of law has been D.O.A. since 2008. It has suffered some injuries and insults prior to the Obama Administration, of course, but somehow it survived because both political parties seemed to care about it. That’s just no longer the case for the majority of Democrats today, who repeatedly vote for party interests over the rule of law.
The only real question is whether, assuming a Republican wins the White House in 2016, can the rule of law be revived through some prolonged CPR? Or are we past the point of no return? Time will tell.