Why Anti-Tyranny?
Tyranny is government oppression of individuals' freedom to live their life and faith the way they want.
The American Revolution and Constitution are anti-tyranny. The U.S. founders believed the only legitimate source of political power is the people (i.e., U.S. citizens). [For example, see James Madison, Federalist No. 39) (“[W]e may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices . . . for a limited period”) and Gordon S. Wood, The Creation of the American Republic, 1776-1787 at p.20 (“The Whigs’ loyalty was always with the people. . . [I]t seemed self-evident to the Whigs that the promotion of the peoples’ happiness was the sole purpose of government.”)] That’s why the Preamble of the Constitution starts with the famous declaration that “We the People” established the U.S. Constitution and our federal government.
But the U.S. founders were also concerned that pure democracy and excessive populism had historically led to destructive policies and political/societal breakdown. History had shown that inevitably some people want to acquire and use power to dominate others, whether due to an absence of law enforcement and stability, or by acquiring and abusing government power.
The founders’ goal was “to avoid either extreme, the degeneration ‘into tyranny on the one hand, or anarchy on the other: either of which is directly subversive of the ends of civil government.’” Wood, The Creation of the American Republic, 1776-1787 at p.19. They saw politics as a spectrum that “met in full circle when, it was believed, the disorder of absolute liberty would inevitably lead to the tyranny of the dictator.” Wood, at p.19.
As Americans, we must remain vigilant and oppose tyranny in any form. That includes not only tyrannical government systems (fascism, communism, and any other authoritarian or despotic government), but also tyranny of the majority and violations of the U.S. Constitution’s rights of individuals and of states, checks and balances, separation of powers, and the Rule of Law. AntiCA promotes the Golden Rule of liberty -- just as you do not want others to use the power of government to force their views on you, don’t you do that to others.
The Rule of Law
A Necessary Bulwark of Liberty against Tyranny and Corruption
What is the Rule of Law?
The rule “of law” means that everyone (including those in power) follow the law, rather than the whims or desires of those in power. It means that all citizens have the same legal rights and are equally subject to the law, regardless of power, wealth, or connections. Upholding the rule of law requires equal protection of rights and enforcement of the laws for everyone, not selective protection and enforcement for those in power and certain chosen groups.
In our constitutional republic, the rule of law also means respecting the limits on power, checks and balances, and rights of individuals and states set forth in the U.S. Constitution.
The rule of law is widely recognized as being critical to true and lasting liberty and justice. For more information, see, for example, websites of the U.S. federal court system, the World Justice Project, and the Stanford Encyclopedia of Philosophy.
Because the courts are supposed to apply the law equally to all citizens, regardless of who they are, it is said that "justice is blind," and to symbolize this, Lady Justice is often depicted blindfolded.
It is interesting to note that Lady Justice and her predecessors in earlier cultures and mythologies were not blindfolded. The blindfold was originally a satirical addition (from the late 15th Century) intended to show Justice as blind to the injustice carried on before her, but it has been reinterpreted over time and is now understood to represent impartiality -- the ideal that justice should be applied without regard to wealth, power, or other status. Lady Justice - Wikipedia Unfortunately, that is not always the case -- in the US or any other country. The original satirical nature of the blindfold should remind us all to vigilantly watch the implementation of justice to make sure it is truly impartial and that the courts, law enforcement, and the general public are not turning a blind eye to injustice.
Why is the Rule of Law Important?
Secure liberty and justice for all depends upon the rule of law. The United States has not always lived up to this ideal. But it is important that we always try, because the failure to do so undermines everyone’s security, our respect for each other, our judicial system, and our system of government.
As well-designed as the U.S. Constitution is, it can only protect our liberty and ensure justice if it, and the laws, are applied equally and fairly to everyone. Whenever rights and laws are not applied fairly and equally as written, the hypocrisy undermines the legitimacy of the system. That has occurred in many places throughout history. There are many countries that have constitutions and laws that sound fair as written. But the reality of how they are interpreted and applied is what matters. That is what affects people’s lives.
Perhaps no governmental system is perfectly applied as intended. As Lord Action wisely noted: “Power tends to corrupt and absolute power corrupts absolutely.” Unfortunately, there are bound to be some self-serving or corrupt actions and decisions. When these cannot be prevented, they should be corrected and the abusers punished. If for the most part, the citizens and those in power are striving to uphold the rule of law and prevent corrupt abuses, then the system can retain its overall integrity and legitimacy. But if selective enforcement and abuse are commonplace, they become a feature of the system and undermine its legitimacy. Then the people will not follow the law out of respect for the government or the law itself.
At that point, those in power who want to continue such abuses tend to use and threaten force and punishment to try to impose their will. This has occurred in many places. Most immediately and obviously, this results in a loss of liberty and justice.
The lack of the effective rule of law also negatively impacts people’s quality of life, including the economy. As Nobel Prize-winning economists Daron Acemoglu and James A. Robinson explain in their book Why Nations Fail: The Origins of Power, Prosperity, and Poverty (2012), one key factor in creating a successful economy that broadly benefits its members is an equitable rule of law that applies broadly to all members of society, not just those in the favor of the government or ruling elite. In many places in the world, people put up with varying degrees of government abuses and the dictates of those in power, rather than the rule of law. However, when it gets to be too much, the result is rebellion, civil war, and revolutions. Sometimes, this results in a positive change in control of the government. But unfortunately, many times it results in chaos and/or a new government that is no better than before. Therefore, we are all better off if we consistenly maintain the rule of law on a non-partisan basis.
Constitutional Policing
Balancing Safety of Police and the Public, Enforcement of Laws, and Individuals' Rights
We need law enforcement to secure liberty and justice for all.
The Declaration of Independence made the bold, revolutionary claim that all people are “endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” But those rights are not secured just by words. It took a long, deadly war to secure our country’s independence. And those rights require ongoing protection from those outside and within government who would try to take from us.
Unfortunately, there are always people who want to take from others (by theft, deceit, or force) if they can get away with it. In a state of nature, or anarchy, our rights are not secure except to the extent we (as individuals or communities) are strong enough to protect these rights against those who would take from us. Sometimes that works, but not for everyone. The history of the world has shown that when individuals and communities are on their own for protection, they are often eventually overcome by forces stronger than themselves.
That sad fact was learned by the people in Seattle’s autonomous police-free zone (known as CHOP or CHAZ) that was briefly established in the summer of 2020 during anti-police protests following the police killing of George Floyd in Minneapolis. They attempted to provide for their own protection, free from police, but it soon descended into increasing theft and violence. See, e.g., Capitol Hill Occupied Protest - Wikipedia, The violent end of CHOP, formerly known as CHAZ, explained | Vox and an in-depth statistical analysis The Effect of the Seattle Police-Free CHOP Zone on Crime: A Microsynthetic Control Evaluation (which includes charts showing that crimes in CHOP against people, including rapes and murders, and property crimes grew at increasing rates each week, despite attempts by the residents to provide their own security).
In order to protect everyone’s rights, especially those who cannot defend themselves against criminals, it is necessary to have governmental law enforcement. The Declaration of Independence recognized this, noting immediately after the assertion of rights “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed”.*
Law enforcement provides an essential service for us and our country. Police deserve our respect and thanks for protecting us and maintaining law and order. They are at risk of injury and even losing their lives for our benefit. Police need to be able to protect themselves while enforcing the law, making arrests, conducting searches, and investigating crimes.
On the other hand, the Declaration and Constitution recognized that government (which includes law enforcement) can itself be a threat to people’s rights to life, liberty, and the pursuit of happiness. Some in law enforcement and other government positions abuse their powers. That is unlawful and unacceptable. In order for government power and law enforcement to be legitimate, it must be exercised within the bounds of the applicable constitutions and laws. As the Declaration of Independence noted, legitimate government authority is limited to the “just powers” that are derived “from the consent of the governed.” The U.S. Constitution and state constitutions define what constitutes government’s “just powers” and include protections of our individual rights, especially the Bill of Rights and 13th-15th Amendments. Law enforcement becomes destructive of our rights and loses its legitimacy when it is exercised in a way that violates the constitution or law. Law enforcement risks becoming a hypocritical and illegitimate sham when it violates the law in the name of enforcing it.
There needs to be a proper balance of policing that is sufficiently strong to protect our rights and allowed to be done in a way to keep the police safe, but also is conducted constitutionally and legally with respect for individuals’ rights. This is the concept of “constitutional policing” – policing within the bounds of the Constitution, in particular the Bills of Rights and 14th Amendment. There are various groups working to support police to be able to safely do their jobs in way that is lawful and constitutional. For example, see Institute for Constitutional Policing – Fostering a Culture of Trust. In order to protect life, liberty, property, and the pursuit of happiness, it is necessary for people within and outside of government and law enforcement to support law enforcement while also vigilantly working to restrain and correct any abuses by government and law enforcement.**
* Law enforcement was more limited in 1776 (consisting of sheriffs, constables, and night watchmen). It eventually grew, from the first police department in the U.S. in Boston in 1838 to nearly every community today. For more on the history of policing in the U.S., see for example, The History of Police in America and the First Force | TIME and Did American Police Originate from Slave Patrols? by Timothy Hsiao | NAS (explaining why "The claim that modern police originated from slave patrols is a dangerous slur designed to delegitimize policing.").
** It is important to stop abuses, even if they are minor and perhaps seem to be for a good cause, because if allowed to continue, a culture of abuse tends to grow like a cancer and threaten more people and rights. In extreme cases, the Declaration asserted the right to replace tyrannical government: “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.” That right is important if government becomes too destructive of people’s rights. But opposing an abusive government at that point can be much more difficult and even dangerous and destructive if the government is willing to use force to maintain its abusive position. In order to preserve a stable society, it is much better and easier if people within and outside of government and law enforcement are committed to restrain and correct any government and police abuses in order to prevent tyranny from growing to the point where an uprising is required to restore our rights.