A Nation of Men, Not Laws

By Andy Caldwell

I, for one, am still celebrating our nation’s 250^th birthday. I recently wrote about Benjamin Franklin’s answer to the question of what kind of government were we going to have, to which he replied, “A republic, if you can keep it.”

Of course, the basic principle of our Constitution posits that we are not solely governed by the majority as in a purely democratic system of government. The majority in a community, by popular vote, can neither decide to take your right to exercise your religion, or infringe upon your right to free speech or the right to assembly, nor can the majority vote to take your belongings away without just compensation. In fact, it is a fair characterization of our Constitution that the majority does not rule in instances such as these because our Constitution protects the rights of the individual from the majority.

Another way of saying all that is to quote John Adams, one of our country’s founding fathers, who declared that our form of government was “A government of laws, and not of men.”

The website socratic-method.com did a great job explaining that “by emphasizing the importance of laws over the influence and whims of individuals, Adams highlights the significance of an impartial system that governs societies. Simply put, it means that no one should be above the law, and everyone should be subjected to its power. This principle ensures equality, protection of rights, and the prevention of tyranny.”

Malfeasance At The Highest Level

Of course, our problem today has to do with a government based upon the subjective judgments, biases, and personal values of individuals in power. It is a system that Adams wanted to avoid above all, a government whose rules are arbitrary, inconsistent, and easily influenced by personal interests. In other words, a government prone to corruption, injustice, and the oppression of its citizens.

Hence, we know of the commonplace phenomenon of judges and prosecutors refusing to prosecute criminals. We are also witness to state and local governments refusing to cooperate with the federal government in matters pertaining to illegal immigration and crimes committed by illegal immigrants.

And, did you know, some 700 government officials in California have been convicted of criminal behavior, including Gavin Newsom’s former chief of staff? And now, an unindicted co-conspirator with the former chief of staff, who wore a wire, is helping to build a case against the governor and his wife for alleged financial malfeasance.

County Supervisor Laura Capps and Assemblyman Gregg Hart are another current example of politicians whose rules are arbitrary and capricious. In this case, if you can’t beat them, change their job description!

Sheriff Bill Brown has been our sheriff since 2007. He is now in his fifth term. He is one of the most distinguished law enforcement officers in the nation. Sheriff Brown was elected by his peers as President of the Major County Sheriffs of America and began his two-year term on February 9, 2024. Sheriff Brown is also a past president of both the California State Sheriffs’ Association and the California Police Chiefs’ Association, the only person to have ever held both positions.

Nevertheless, Capps and Hart want to eviscerate the authority of the sheriff by passing legislation that would wrest authority of managing the jail and its 350-custody staff from the sheriff and transfer it to the Board of Supervisors.

Something similar has already happened at the state level pertaining to our state education system. In California, persons elected to statewide elected offices are called state constitutional officers. These offices are established by the California Constitution and are filled by individuals elected by the people of the state to oversee key functions of the executive branch. One of these offices is the State Superintendent of Public Instruction.

Because a Republican, Sonja Shaw, is slated to win this office in November, Gavin Newsom and company gutted the position ahead of the election. AB181 replaces the elected Superintendent of Public Instruction as the executive head of the California Department of Education (CDE) with a governor-appointed, senate-confirmed Education Commissioner who serves at the pleasure of the governor. The law provides that the CDE shall be administered through the State Board of Education and the Education Commissioner, rather than the State Superintendent. It vests all executive and administrative functions of the CDE in the Education Commissioner.

Don’t like our laws? Ignore them.

Don’t like election outcomes? Gut the office.

All this in the name of democracy?

So much for a government of laws, not men.

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