Administrative Law Quotes

In strict medical terms marijuana is far safer than many foods we commonly consume. For example, eating 10 raw potatoes can result in a toxic response. By comparison, it is physically impossible to eat enough marijuana to induce death. Marijuana in its natural form is one of the safest therapeutically active substances known to man. By any measure of rational analysis marijuana can be safely used within the supervised routine of medical care. [DEA Administrative Law Judge - 1988]

Lead the people with administrative injunctions and put them in their place with penal law, and they will avoid punishments but will be without a sense of shame. Lead them with excellence and put them in their place through roles and ritual practices, and in addition to developing a sense of shame, they will order themselves harmoniously

For man, when perfected, is the best of animals, but, when separated from law and justice, he is the worst of all; since armed injustice is the more dangerous, and he is equipped at birth with the arms of intelligence and with moral qualities which he may use for the worst ends. Wherefore, if he have not virtue, he is the most unholy and the most savage of animals, and the most full of lust and gluttony. But justice is the bond of men in states, and the administration of justice, which is the determination of what is just, is the principle of order in political society.

Pick a leader who will make their citizens proud. One who will stir the hearts of the people, so that the sons and daughters of a given nation strive to emulate their leader's greatness. Only then will a nation be truly great, when a leader inspires and produces citizens worthy of becoming future leaders, honorable decision makers and peacemakers. And in these times, a great leader must be extremely brave. Their leadership must be steered only by their conscience, not a bribe.

Dr. Upward was one of those Academy Award-winning Asses of Arrogance you find in educational administration, law or medicine.

Freedom can never yield its fullness of blessings so long as the law or its administration places the smallest obstacle in the pathway of any virtuous citizen.

Now, if there were an Olympics for misleading, mismanaging and misappropriating then this administration would take the gold, world-records for violations of national and international law. They want another four year term to continue to alienate our allies, spend our children's inheritance and hollow out the economy. We cannot afford another Republican administration.

All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle, and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force; to put, in the place of the delegated will of the nation the will of a party, often a small but artful and enterprising minority of the community; and, according to the alternate triumphs of different parties, to make the public administration the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of consistent and wholesome plans digested by common counsels and modified by mutual interests.

Law itself is either suspended, or regarded as an instrument that the state may use in the service of constraining and monitoring a given population; the state is not subject to the rule of law, but law can be suspended or deployed tactically and partially to suit the requirements of a state that seeks more and more to allocate sovereign power to its executive and administrative powers. The law is suspended in the name of "sovereignty" of the nation, where "sovereignty" denotes the task of any state to preserve and protect its own territoriality.

We must challenge any administration both publicly and legally if they violate ethics or the law, or betray the public they’re supposed to serve.

the Bush administration’s extralegal counterterrorism program presented the most dramatic, sustained and radical challenge to the rule of law in American history.

TURTLE SPENT THE night at the bedside of eighty-five-year-old Julian R. Eastman. T. R. Wexler had a master’s degree in business administration, an advanced degree in corporate law, and had served two years as legal counsel to the Westing Paper Products Corporation. She had made one million dollars in the stock market, lost it all, then made five million more.

In strict medical terms marijuana is far safer than many foods we commonly consume. . . . Marijuana in its natural form is one of the safest therapeutically active substances known to man. — FRANCIS YOUNG, ADMINISTRATIVE LAW JUDGE, DRUG ENFORCEMENT ADMINISTRATION

The name came from the fact that prisoners could be “concentrated” in a group and held under protective custody following Nazi law. Quickly, this changed. Himmler made concentration camps “legally independent administrative units outside the penal code and the ordinary law.” Dachau

Inciting women to rebel against the divine laws of Islam.’ This became the accusation that was leveled against me whenever I wrote or did anything to defend the rights of women against the injustices widespread in society. It followed me wherever I went, step by step, moved through the corridors of government administrations year after year, irrespective of who came to power, or of the regime that presided over the destinies of our people. It was only years later that I began to realized that the men and women who posed as the defenders of Islamic morality and values were most often the ones who were undermining the real ethics and moral principles of society.

The transformation of the community into an administrative state responsible for total social welfare leads to a paternal totality without a house-father when it fails to find any archy or cracy that is more than a mere nomos of distribution and production. I consider it to be a utopia when Friedrich Engels promises that one day all power of men over men will cease, that there will be only production and consumption with no problems, and that "things will govern themselves." This things-governing-themselves will make every archy and cracy super­fluous , and demonstrate that mankind at last has found its formula, just as, according to Dostoyevsky, the bees found their formula in the beehive, because animal s, too, have their nomos. Most of those who swarm around a nomos basileus fail to notice that, in reality, they propagate just such a formula.

Few would argue against safe-guarding the nation. But in the judgment of at least one of the country's most distinguished presidential scholars, the legal steps taken by the Bush Administration in its war against terrorism were a quantum leap beyond earlier blots on the country's history and traditions: more significant than John Adams' Alien and Sedition Acts, than Lincoln's suspension of habeas corpus during the Civil War, than the imprisonment of Americans of Japanese descent during World War II. Collectively, Arthur Schlesinger Jr. argued, the Bush Administration's extralegal counter-terrorism program presented the most dramatic, sustained, and radical challenge to the rule of law in American history.

Pundits, opponents, and disillusioned supporters would blame Obama for squandering the promise of his administration. Certainly he and his administration made their share of mistakes. But it is hard to think of another president who had to face the kind of guerrilla warfare waged against him almost as soon as he took office. A small number of people with massive resources orchestrated, manipulated, and exploited the economic unrest for their own purposes. They used tax-deductible donations to fund a movement to slash taxes on the rich and cut regulations on their own businesses. While they paid focus groups and seasoned operatives to frame these self-serving policies as matters of dire public interest, they hid their roles behind laws meant to protect the anonymity of philanthropists, leaving more folksy figures like Santelli to carry the message.

But it was more than a planet; it was the living pulse beat of an Empire of twenty million stellar systems. It had only one, function, administration; one purpose, government; and one manufactured product, law.

God has given to men all that is necessary for them to accomplish their destinies. He has provided a social form as well as a human form. And these social organs of humans are so constituted that they will develop themselves harmoniously in the clean air of liberty. Away, then, with the quacks and organizers! Away with their rings, chains, hooks and pincers! Away with their artificial systems! Away with the whims of governmental administrators, their socialized projects, their centralization, their tariffs, their government schools, their state religions, their free credit, their bank monopolies, their regulations, their restrictions, their equalization by taxation, and their pious moralizations! And, now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgment of faith in God and His works.

According to the historian John LeDonne, “The existence of a national network of families and client systems made a mockery of the rigid hierarchy established by legislative texts in a constant search for administrative order and ‘regularity.’ It explained why the Russian government, more than any other, was a government of men and not of laws.”28

...it is crucial to realize that an once of student affairs administration prevention can stave off a pound of lawyers.

Occupational Safety & Health Administration's (OSHA) lack of law enforcement has made the USA a dangerous place to work.

no man is above the law and that includes the president of the United States

A nation with minimum laws will have maximum laughter.

In a country ruled by laws, it seemed to me that nothing was more important than removing politics from the process of choosing judges. During previous administrations in California, governors had often handed out judgeships to friends and cronies like prizes at a company picnic. Not only had this produced a lot of inferior judges, it had placed a number of partisans on the bench who believed that putting on the black robes of a judge gave them a license to rewrite the laws. I wanted judges who would interpret the Constitution, not rewrite it.

At the time, the Federal Housing Administration and Veterans Administration not only refused to insure mortgages for African Americans in designated white neighborhoods like Ladera; they also would not insure mortgages for whites in a neighborhood where African Americans were present.

[The wives of powerful noblemen] must be highly knowledgeable about government, and wise – in fact, far wiser than most other such women in power. The knowledge of a baroness must be so comprehensive that she can understand everything. Of her a philosopher might have said: "No one is wise who does not know some part of everything." Moreover, she must have the courage of a man. This means that she should not be brought up overmuch among women nor should she be indulged in extensive and feminine pampering. Why do I say that? If barons wish to be honoured as they deserve, they spend very little time in their manors and on their own lands. Going to war, attending their prince's court, and traveling are the three primary duties of such a lord. So the lady, his companion, must represent him at home during his absences. Although her husband is served by bailiffs, provosts, rent collectors, and land governors, she must govern them all. To do this according to her right she must conduct herself with such wisdom that she will be both feared and loved. As we have said before, the best possible fear comes from love. When wronged, her men must be able to turn to her for refuge. She must be so skilled and flexible that in each case she can respond suitably. Therefore, she must be knowledgeable in the mores of her locality and instructed in its usages, rights, and customs. She must be a good speaker, proud when pride is needed; circumspect with the scornful, surly, or rebellious; and charitably gentle and humble toward her good, obedient subjects. With the counsellors of her lord and with the advice of elder wise men, she ought to work directly with her people. No one should ever be able to say of her that she acts merely to have her own way. Again, she should have a man's heart. She must know the laws of arms and all things pertaining to warfare, ever prepared to command her men if there is need of it. She has to know both assault and defence tactics to insure that her fortresses are well defended, if she has any expectation of attack or believes she must initiate military action. Testing her men, she will discover their qualities of courage and determination before overly trusting them. She must know the number and strength of her men to gauge accurately her resources, so that she never will have to trust vain or feeble promises. Calculating what force she is capable of providing before her lord arrives with reinforcements, she also must know the financial resources she could call upon to sustain military action. She should avoid oppressing her men, since this is the surest way to incur their hatred. She can best cultivate their loyalty by speaking boldly and consistently to them, according to her council, not giving one reason today and another tomorrow. Speaking words of good courage to her men-at-arms as well as to her other retainers, she will urge them to loyalty and their best efforts.

He proved that it was equally true if the disregard was by a ruler or by a people. "It spreads like a disease," he said. "And it's infinitely more deadly when the law is disregarded by men pretending to act for justice than when it's simply inefficient, or even when its elected administrator's are crooked.

Oh, what a nation of moralists the Americans are! With what fervor do they relish bringing their sexual misconduct to light! A pity that they do not bring their moral outrage to bear on their president’s arrogance above the law; a pity that they do not unleash their moral zest on an administration that runs guns to terrorists. But, of course, boudoir morality takes less imagination, and can be indulged in without the effort of keeping up with world affairs—or even bothering to know “the whole story” behind the sexual adventure.

As a student of business administration, I know that there is a law of evolution for organizations as stringent and inevitable as anything in life. The longer one exists, the more it grinds out restrictions that slow its own functions. It reaches entropy in a state of total narcissism. Only the people sufficiently far out in the field get anything done, and every time they do they are breaking half a dozen rules in the process.

Commerce and manufactures can seldom flourish long in any state which does not enjoy a regular administration of justice, in which the people do not feel themselves secure in the possession of their property, in which the faith of contracts is not supported by law, and in which the authority of the state is not supposed to be regularly employed in enforcing the payment of debts from all those who are able to pay. Commerce and manufactures, in short, can seldom flourish in any state in which there is not a certain degree of confidence in the justice of government.

In contemporary industrialized democracies, the legitimate administration of violence is turned over to what is euphemistically referred to as “criminal law enforcement”—particularly, to police officers. I say “euphemistically” because generations of police sociologists have pointed out that only a very small proportion of what police actually do has anything to do with enforcing criminal law—or with criminal matters of any kind. Most of it has to do with regulations, or, to put it slightly more technically, with the scientific application of physical force, or the threat of physical force, to aid in the resolution of administrative problems.62 In other words they spend most of their time enforcing all those endless rules and regulations about who can buy or smoke or sell or build or eat or drink what where that don’t exist in places like small-town or rural Madagascar. So: Police are bureaucrats with weapons.

As long as these ideas prevail, it is clear that the responsibility of government is enormous. Good fortune and bad fortune, wealth and destitution, equality and inequality, virtue and vice – all then depend upon political administration.

In September 2006 Congress did pass the Defense Authorization Act, which allows the president to declare martial law with little or no reason. It is clear that the Bush administration and the Republican party goals are to criminalize any dissent.

convincing those who are intrusted with the public administration that every valuable end of government is best answered by the enlightened confidence of the people, and by teaching the people themselves to know and to value their own rights; to discern and provide against invasions of them; to distinguish between oppression and the necessary exercise of lawful authority;

The three things needed to prevent revolution are government propaganda in education, respect for law, even in small things, and justice in law and administration, i.e., “equality according to proportion, and for every man to enjoy his own” (1307a, 1307b, 1310a).

Saint Paul was proud of his Roman citizenship, and his letter to various Christian communities in the empire presupposed an effective communications system that only Roman government, law, and military might allowed. "The Church's administration evolved as the imperial government's structured was modified over time. An archbishop ruled a large territory that the Romans called a province. A bishop ruled a diocese, a smaller Roman administrative unit dominated by a large city. "The capitals of the eastern and western parts of the empire -- Constantinople and Rome -- came in time to signify unusual and superior power for the bishops resident there. When the Roman state was dissolved in the Latin-speaking world around 458 A.D., the pope replaced the emperor as the political leader of the Eternal City.

In the new world order of the Wise Men of the West—the most powerful of the Genuine Globalists—the rights and freedoms of the individual would be based on positive law: that is, on laws passed by a majority of those who will be entitled to vote on the various levels of the new system of governmental administration and local organization. Ultimate rule, however, will be far removed from the ordinary individual.

The bicovenantal structure of the promise and administrative covenants provides the key for understanding the unity and diversity in God's covenantal dealings with men. Unity and continuity are founded on the promise covenants that secure it. The elements of diversity and discontinuity are found in the administrative covenants. But as explained [earlier], the discontinuity [within the administrative covenants] is not theological or ethical, but ceremonial and typological. The law of God, in terms of its ethical demands, does not pass away, nor is it abolished by a new administrative covenant.

The Democratic Party would like to be re-elected so that they can continue to uphold almost no Occupational Safety & Health Administration (OSHA) whistle-blower complaints, enforce hardly any police internal affairs allegations, and corrupt corporations with lobbyists can continue operating outside of the law.

the Canadian government – the power of each of us as citizens – has been and still is breaking the law. Breaking it by misusing it – by resorting to avoidance, by pretending to be doing what it isn’t, by legalistic and administrative manipulation, by malingering. These are standard tricks far beneath the dignity of the Crown. For

The impeachment of President Trump confirmed the laws are insignificant.

That dominance came to an abrupt end with the creation and implementation of what has come to be known as the Southern Strategy. The success of law and order rhetoric among working-class whites and the intense resentment of racial reforms, particularly in the South, led conservative Republican analysts to believe that a “new majority” could be created by the Republican Party, one that included the traditional Republican base, the white South, and half the Catholic, blue-collar vote of the big cities.50 Some conservative political strategists admitted that appealing to racial fears and antagonisms was central to this strategy, though it had to be done surreptitiously. H.R. Haldeman, one of Nixon’s key advisers, recalls that Nixon himself deliberately pursued a Southern, racial strategy: “He [President Nixon] emphasized that you have to face the fact that the whole problem is really the blacks. The key is to devise a system that recognizes this while not appearing to.”51 Similarly, John Ehrlichman, special counsel to the president, explained the Nixon administration’s campaign strategy of 1968 in this way: “We’ll go after the racists.”52 In Ehrlichman’s view, “that subliminal appeal to the anti-black voter was always present in Nixon’s statements and speeches.”53

A true natural aristocracy is not a separate interest in the state, or separable from it. It is an essential integrant part of any large body rightly constituted. It is formed out of a class of legitimate presumptions, which taken as generalities, must be admitted for actual truths. To be bred in a place of estimation; to see nothing low and sordid from one’s infancy; to be taught to respect one’s self; to be habituated to the censorial inspection of the public eye; to look early to public opinion; to stand upon such elevated ground as to be enabled to take a large view of the wide-spread and infinitely diversified combinations of men and affairs in a large society; to have leisure to read, to reflect, to converse; to be enabled to draw the court and attention of the wise and learned wherever they are to be found;—to be habituated in armies to command and to obey; to be taught to despise danger in the pursuit of honor and duty; to be formed to the greatest degree of vigilance, foresight and circumspection, in a state of things in which no fault is committed with impunity, and the slightest mistakes draw on the most ruinous consequence—to be led to a guarded and regulated conduct, from a sense that you are considered as an instructor of your fellow-citizens in their highest concerns, and that you act as a reconciler between God and man—to be employed as an administrator of law and justice, and to be thereby amongst the first benefactors to mankind—to be a professor of high science, or of liberal and ingenuous art—to be amongst rich traders, who from their success are presumed to have sharp and vigorous understandings, and to possess the virtues of diligence, order, constancy, and regularity, and to have cultivated an habitual regard to commutative justice—these are the circumstances of men, that form what I should call a natural aristocracy, without which there is no nation.

And, as a reporter, sometimes you need to fight back. If the president declares real stories fake, the record must be corrected. If a president attempts to block reporters from covering the work of his administration, we need to fight back. If a president attempts to use the tools of law enforcement to target reporters for doing their jobs, reporters and news organizations need to fight back.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws of Naturalization of Foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new Appropriations of Lands. He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers. He has made judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance. He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures. He has affected to render the Military independent of and superior to the Civil Power.

Social cohesion, during the six and a half centuries from Alexander to Constantine, was secured, not by philosophy and not by ancient loyalties, but by force, first that of armies and then that of civil administration. Roman armies, Roman roads, Roman law, and Roman officials first created and then preserved a powerful centralized State. Nothing was attributable to Roman philosophy, since there was none.

By sector, the recommendations were given in the order of general administration (154 cases on 71 laws), environment and public health (65cases on 31 laws), and industry and development (48 cases on 22 laws

The Obama administration went so far as to call a lawful Israeli strike—a strike similar to those that American forces have made hundreds of times in Iraq, Afghanistan, and elsewhere—appalling and “disgraceful.

Away, then, with quacks and organizers! Away with their rings, chains, hooks, and pincers! Away with their artificial systems! Away with the whims of governmental administrators, their socialized projects, their centralization, their tariffs, their government schools, their state religions, their free credit, their bank monopolies, their regulations, their restrictions, their equalization by taxation, and their pious moralizations!

As if the free military equipment, training, and cash grants were not enough, the Reagan administration provided law enforcement with yet another financial incentive to devote extraordinary resources to drug law enforcement, rather than more serious crimes: state and local law enforcement agencies were granted the authority to keep, for their own use, the vast majority of cash and assets they seize when waging the drug war. This dramatic change in policy gave state and local police an enormous stake in the War on Drugs - not in its success, but in its perpetual existence. Law enforcement gained a pecuniary interest not only in the forfeited property, but in the profitability of the drug market itself.

Your dispatch is received, and if genuine, which its extraordinary character leads me to doubt, I have to say in reply that I regard the levy of troops made by the administration for the purpose of subjugating the states of the South, as in violation of the Constitution, and as a gross usurpation of power. I can be no party to this wicked violation of the laws of the country, and to this war upon the liberties of a free people. You can get no troops from North Carolina.

That is what makes the Bush regime different: after the attacks of September 11, it dared to demand the right to torture without shame. That left the administration subject to criminal prosecution—a problem it dealt with by changing the laws.

These men and others like them who rise to sovereignty through their own abilities face all kinds of difficulties when setting up their states but then hold on to them fairly easily. The initial difficulties depend in large part on the fact that in order to establish their government and guarantee its security they have to impose a new administrative system and new procedures. Here we have to bear in mind that nothing is harder to organize, more likely to fail, or more dangerous to see through, than the introduction of a new system of government. The person bringing in the changes will make enemies of everyone who was doing well under the old system, while the people who stand to gain from the new arrangements will not offer wholehearted support, partly because they are afraid of their opponents, who still have the laws on their side, and partly because people are naturally sceptical: no one really believes in change until they’ve had solid experience of it.

New Rule: Now that liberals have taken back the word "liberal," they also have to take back the word "elite." By now you've heard the constant right-wing attacks on the "elite media," and the "liberal elite." Who may or may not be part of the "Washington elite." A subset of the "East Coast elite." Which is overly influenced by the "Hollywood elite." So basically, unless you're a shit-kicker from Kansas, you're with the terrorists. If you played a drinking game where you did a shot every time Rush Limbaugh attacked someone for being "elite," you'd be almost as wasted as Rush Limbaugh. I don't get it: In other fields--outside of government--elite is a good thing, like an elite fighting force. Tiger Woods is an elite golfer. If I need brain surgery, I'd like an elite doctor. But in politics, elite is bad--the elite aren't down-to-earth and accessible like you and me and President Shit-for-Brains. Which is fine, except that whenever there's a Bush administration scandal, it always traces back to some incompetent political hack appointment, and you think to yourself, "Where are they getting these screwups from?" Well, now we know: from Pat Robertson. I'm not kidding. Take Monica Goodling, who before she resigned last week because she's smack in the middle of the U.S. attorneys scandal, was the third-ranking official in the Justice Department of the United States. She's thirty-three, and though she never even worked as a prosecutor, was tasked with overseeing the job performance of all ninety-three U.S. attorneys. How do you get to the top that fast? Harvard? Princeton? No, Goodling did her undergraduate work at Messiah College--you know, home of the "Fighting Christies"--and then went on to attend Pat Robertson's law school. Yes, Pat Robertson, the man who said the presence of gay people at Disney World would cause "earthquakes, tornadoes, and possibly a meteor," has a law school. And what kid wouldn't want to attend? It's three years, and you have to read only one book. U.S. News & World Report, which does the definitive ranking of colleges, lists Regent as a tier-four school, which is the lowest score it gives. It's not a hard school to get into. You have to renounce Satan and draw a pirate on a matchbook. This is for the people who couldn't get into the University of Phoenix. Now, would you care to guess how many graduates of this televangelist diploma mill work in the Bush administration? On hundred fifty. And you wonder why things are so messed up? We're talking about a top Justice Department official who went to a college founded by a TV host. Would you send your daughter to Maury Povich U? And if you did, would you expect her to get a job at the White House? In two hundred years, we've gone from "we the people" to "up with people." From the best and brightest to dumb and dumber. And where better to find people dumb enough to believe in George Bush than Pat Robertson's law school? The problem here in America isn't that the country is being run by elites. It's that it's being run by a bunch of hayseeds. And by the way, the lawyer Monica Goodling hired to keep her ass out of jail went to a real law school.

I once knew a fellow who committed robbery with violence, and he was sentenced to a long prison stretch and 12 strokes of the cat. He'd been injured during the robbery, so they put him in hospital to make him better so that they could make him worse. During the administration of the cat, he fainted after six strokes, and the doctor put him in hospital again. And he got very friendly with the nurses and the doctors, and after a while they got him well enough to go back and take the next six strokes. I saw him afterward and I said: "Oh, Jesus—that bloody law, that bloody judge!" But he said: "I don't want the fellow who made the law, and I don't want the fellow who passed the sentence. All I want is the fellow who held the bloody whip.

The principal differences between law and science are as follows: 1. In the administration of the law, facts are necessary to enable the umpire (jury, judge) to decide whether rules have been broken and, if so, the type of penalty to apply. In science, facts are necessary to form new or better theories and to develop novel applications (for example, drugs, machines). Novelty is not a positive value in law. Instead, the lawyer looks for precedent. For the scientist, however, novelty is a value; new facts and theories are sought, whether or not they will prove useful. 2. If we endeavor to change objects or persons, the distinction between law (both as law making and law enforcing) and applied science disappears. In applying scientific knowledge, one seeks to change objects, or persons, into new forms. The scientific technologist may thus wish to shape a plastic material into the form of a chair, or a delinquent youth into a law-abiding adult. The aims of the legislator and the judge are often the same. Thus, legislators may wish to change people from drinkers into nondrinkers; or judges many want to change fathers who fail to support their dependent wives and children into fathers who do. This [is a] "therapeutic" function of law.

The entire premise behind the Bush administration's policy of holding 'enemy combatants' in foreign military bases such as Guantanamo Bay, Cuba, was so that neither U.S. domestic law nor American obligations under international law would be applicable.

Epic art is founded on action, and the model of a society in which action could play out in greatest freedom was that of the heroic Greek period; so said Hegel, and he demonstrated it with The Iliad: even though Agamemnon was the prime king, other kings and princes chose freely to join him and, like Achilles, they were free to withdraw from the battle. Similarly the people joined with their princes of their own free will; there was no law that could force them; behavior was determined only by personal motives, the sense of honor, respect, humility before a more powerful figure, fascination with a hero's courage, and so on. The freedom to participate in the struggle and the freedom to desert it guaranteed every man his independence. In this way did action retain a personal quality and thus its poetic form. Against this archaic world, the cradle of the epic, Hegel contrasts the society of his own period: organized into the state, equipped with a constitution, laws, a justice system, an omnipotent administration, ministries, a police force, and so on. The society imposes its moral principles on the individual, whose behavior is thus determined by far more anonymous wishes coming from the outside than by his own personality. And it is in such a world that the novel was born.

What Hurts the People There are five things that hurt the people: There are local officials who use public office for personal benefit, taking improper advantage of their authority, holding weapons in one hand and people’s livelihood in the other, corrupting their offices, and bleeding the people. There are cases where serious offenses are given light penalties; there is inequality before the law, and the innocent are subjected to punishment, even execution. Sometimes serious crimes are pardoned, the strong are supported, and the weak are oppressed. Harsh penalties are applied, unjustly torturing people to get at facts. Sometimes there are officials who condone crime and vice, punishing those who protest against this, cutting off the avenues of appeal and hiding the truth, plundering and ruining lives, unjust and arbitrary. Sometimes there are senior officials who repeatedly change department heads so as to monopolize the government administration, favoring their friends and relatives while treating those they dislike with unjust harshness, oppressive in their actions, prejudiced and unruly. They also use taxation to reap profit, enriching themselves and their families by exactions and fraud. Sometimes local officials extensively tailor awards and fines, welfare projects, and general expenditures, arbitrarily determining prices and measures, with the result that people lose their jobs. These five things are harmful to the people, and anyone who does any of these should be dismissed from office.

The South must be opened to the light of law and liberty, and this session of Congress is relied upon to accomplish this important work. The plain, common-sense way of doing this work, as intimated at the beginning, is simply to establish in the South one law, one government, one administration of justice, one condition to the exercise of the elective franchise, for men of all races and colors alike. This great measure is sought as earnestly by loyal white men as by loyal blacks, and is needed alike by both. Let sound political prescience but take the place of an unreasoning prejudice, and this will be done.

Which countries contain the most peaceful, the most moral, and the happiest people? Those people are found in the countries where the law least interferes with private affairs; where government is least felt; where the individual has the greatest scope, and free opinion the greatest influence; where administrative powers are fewest and simplest; where taxes are lightest and most nearly equal, and popular discontent the least excited and the least justifiable; where individuals and groups most actively assume their responsibilities, and, consequently, where the morals of admittedly imperfect human beings are constantly improving; where trade, assemblies, and associations are the least restricted; where labor, capital, and populations suffer the fewest forced displacements; where mankind most nearly follows its own natural inclinations; where the inventions of men are most nearly in harmony with the laws of God; in short, the happiest, most moral, and most peaceful people are those who most nearly follow this principle: Although mankind is not perfect, still, all hope rests upon the free and voluntary actions of persons within the limits of right; law or force is to be used for nothing except the administration of universal justice.

Naturalization, on the other hand, also proved to be a failure. The whole naturalization system of European countries fell apart when it was confronted with stateless people, and this for the same reasons that the right of asylum had been set aside. Essentially naturalization was an appendage to the nation-state's legislation that reckoned only with "nationals," people born in its territory and citizens by birth. Naturalization was needed in exceptional cases, for single individuals whom circumstances might have driven into a foreign territory. The whole process broke down when it became a question of handling mass applications for naturalization: even from the purely administrative point of view, no European civil service could possibly have dealt with the problem. Instead of naturalizing at least a small portion of the new arrivals, the countries began to cancel earlier naturalizations, partly because of general panic and partly because the arrival of great masses of newcomers actually changed the always precarious position of naturalized citizens of the same origin. Cancellation of naturalization or the introduction of new laws which obviously paved the way for mass denaturalization shattered what little confidence the refugees might have retained in the possibility of adjusting themselves to a new normal life; if assimilation to the new country once looked a little shabby or disloyal, it was now simply ridiculous. The difference between a naturalized citizen and a stateless resident was not great enough to justify taking any trouble, the former being frequently deprived of important civil rights and threatened at any moment with the fate of the latter. Naturalized persons were largely assimilated to the status of ordinary aliens, and since the naturalized had already lost their previous citizenship, these measures simply threatened another considerable group with statelessness.

For, under such an administration, every one would feel that he possessed all the fullness, as well as all the responsibility of his existence. So long as personal safety was ensured, so long as labor was free, and the fruits of labor secured against all unjust attacks, no one would have any difficulties to contend with in the State. When prosperous, we should not, it is true, have to thank the State for our success; but when unfortunate, we should no more think of taxing it with our disasters, than our peasants think of attributing to it the arrival of hail or of frost. We should know it only by the inestimable blessing of Safety.

Republican President Dwight D. Eisenhower created the Arctic National Wildlife Refuge, an achievement that much of the Republican Party has been trying to undo over the past several decades. Richard Nixon signed into law four landmark federal bills: the Clean Air Act, the National Environmental Policy Act, the Environmental Pesticide Control Act, and the Endangered Species Act. He established the Environmental Protection Agency, and made many strong environmental appointments in his administration. As we saw in Section 2.2, it was when the Reagan administration came to power in 1980 that environmental concern began to become a partisan issue.

The foremost duty, therefore, of the rulers of the State should be to make sure that the laws and institutions, the general character and administration of the commonwealth, shall be such as of themselves to realize public well-being and private prosperity. This is the proper scope of wise statesmanship and is the work of the rulers. Now

According to James Mann's Rise of the Vulcans, once a year in the 1980s, the Reagan administration flew Cheney to a secret bunker to practice rebuilding the government if the Soviets destroyed Washington. Cheney's role, Mann reported, was to use his White House chief of staff experience to run the government in the name of any surviving cabinet member who made it to the bunker. The Reagan plan ignored the Presidential Succession Act, a 1947 law that put two top congressional leaders higher in the line of succession than cabinet secretaries. The program also made no plan for reconstituting Congress, because "it would be easier to operate without them," a participant told Mann.

In 1896, in Plessy v. Ferguson, the United States Supreme Court declared de jure (by law) racial segregation legal, which caused it to spread in at least twelve northern states. In 1898, Democrats rioted in Wilmington, North Carolina, driving out the mayor and all the other Republican officeholders and killing at least twelve African Americans. The McKinley administration did nothing, allowing this coup d'etat to stand. Congress became desegregated in 1901 when Congressman George H. White of North Carolina failed to win reelection owing to the disfranchisement of black voters in his state. No African American served in Congress again until 1929, and none from the South until 1973.

To the samurai of this age, the most important thing in the world was honor. As a class, they virtually competed with each other to see who would be the first to die for it. The government had until recently been too busy with its wars to work out an adequate administrative system for a country at peace, and even Kyoto was governed only by a set of loose, makeshift regulations. Still, the emphasis of the warrior class on personal honor was respected by farmers and townsmen alike, and it played a role in preserving peace. A general consensus regarding what constituted honorable behavior, and what did not, made it possible for the people to govern themselves even with inadequate laws.

Such impulses have displayed themselves very widely across left and liberal opinion in recent months. Why? For some, because what the US government and its allies do, whatever they do, has to be opposed—and opposed however thuggish and benighted the forces which this threatens to put your anti-war critic into close company with. For some, because of an uncontrollable animus towards George Bush and his administration. For some, because of a one-eyed perspective on international legality and its relation to issues of international justice and morality. Whatever the case or the combination, it has produced a calamitous compromise of the core values of socialism, or liberalism or both, on the part of thousands of people who claim attachment to them. You have to go back to the apologias for, and fellow-travelling with, the crimes of Stalinism to find as shameful a moral failure of liberal and left opinion as in the wrong-headed—and too often, in the circumstances, sickeningly smug—opposition to the freeing of the Iraqi people from one of the foulest regimes on the planet.

In 2007, then-Senator Clinton excoriated the Bush administration for “secret White House e-mail accounts,” saying that they represented “a stunning record of secrecy and corruption, of cronyism run amok.” Mrs. Clinton’s own secrecy and obvious conflicts of interest show that she has added hypocrisy to her (and her husband’s) history of above-the-law self-dealing.

Whoever visits some estates there, and witnesses the good-humored indulgence of some masters and mistresses, and the affectionate loyalty of some slaves, might be tempted to dream the oft-fabled poetic legend of a patriarchal institution, and all that; but over and above the scene there broods a portentous shadow—the shadow of law. So long as the law considers all these human beings, with beating hearts and living affections, only as so many things belonging to a master,—so long as the failure, or misfortune, or imprudence, or death of the kindest owner, may cause them any day to exchange a life of kind protection and indulgence for one of hopeless misery and toil,—so long it is impossible to make anything beautiful or desirable in the best regulated administration of slavery.

Republicans, as well as Democrats committed to our constitutional framework, should fearlessly marshal the administration’s frauds, obstructions, and violations of law. They should demand transparency and accountability for the lies, the broken oaths, the betrayal of the rule of law, and the damage wrought—including lives not only devastated but lost due to the administration’s recklessness.

The president also unilaterally repealed a key provision in the welfare-to-work reform that President Clinton signed into law in 1996. The premise of welfare reform in the 1990s was that those who benefit from our social safety net should be required to prepare for work, look for work, or work. But in 2012, the Obama administration announced that it would issue waivers of this work requirement.

He had seen a scribbled copy of a letter Lincoln had written to Justice of the Peace John King, who had been elected only a year earlier and had turned to him for advice on the administration of justice. The letter had been circulated by friends eager to push Lincoln’s political prospects, and Hitt had been so taken with it he’d made a copy for himself. He’d figured it was pretty good advice: “Listen well to all the evidence,” Lincoln had written, “stripping yourself of all prejudice, if any you have, and throwing away if you can all technical law knowledge, hear the lawyers make their arguments as patiently as you can, and after the evidence and the lawyers’ arguments are through, then stop one moment and ask yourself: What is the justice in this case? And let that sense of justice be your decision.

The politicians were in full bay, particularly those of his own party who had been urging, without success, his support of antislavery legislation which he feared would lose him the border states, held to the Union so far by his promise that no such laws would be passed. It also seemed to these Republicans that entirely too many Democrats were seated in high places, specifically in the cabinet and the army; and now their anger was increased by apprehension. About to open their campaigns for reëlection in November, they had counted on battlefield victories to increase their prospects for victory at the polls. Instead, the main eastern army, under the Democrat McClellan—“McNapoleon,” they called him—had held back, as if on purpose, and then retreated to the James, complaining within hearing of the voters that the Administration was to blame. Privately, many of the Jacobins agreed with the charge, though for different reasons, the main one being that Lincoln, irresolute by nature, had surrounded himself with weak-spined members of the opposition party. Fessenden of Maine put it plainest: “The simple truth is, there was never such a shambling half-and-half set of incapables collected in one government since the world began.

It had personally pained Trump not to be able to give it to him. But if the Republican establishment had not wanted Trump, they had not wanted Christie almost as much. So Christie got the job of leading the transition and the implicit promise of a central job—attorney general or chief of staff. But when he was the federal prosecutor in New Jersey, Christie had sent Jared’s father, Charles Kushner, to jail in 2005. Charlie Kushner, pursued by the feds for an income tax cheat, set up a scheme with a prostitute to blackmail his brother-in-law, who was planning to testify against him. Various accounts, mostly offered by Christie himself, make Jared the vengeful hatchet man in Christie’s aborted Trump administration career. It was a kind of perfect sweet-revenge story: the son of the wronged man (or, in this case—there’s little dispute—the guilty-as-charged man) uses his power over the man who wronged his family. But other accounts offer a subtler and in a way darker picture. Jared Kushner, like sons-in-law everywhere, tiptoes around his father-in-law, carefully displacing as little air as possible: the massive and domineering older man, the reedy and pliant younger one. In the revised death-of-Chris-Christie story, it is not the deferential Jared who strikes back, but—in some sense even more satisfying for the revenge fantasy—Charlie Kushner himself who harshly demands his due. It was his daughter-in-law who held the real influence in the Trump circle, who delivered the blow. Ivanka told her father that Christie’s appointment as chief of staff or to any other high position would be extremely difficult for her and her family, and it would be best that Christie be removed from the Trump orbit altogether.

In October 1982, President Reagan officially announced his administration’s War on Drugs. At the time he declared this new war, less than 2 percent of the American public viewed drugs as the most important issue facing the nation.72 This fact was no deterrent to Reagan, for the drug war from the outset had little to do with public concern about drugs and much to do with public concern about race. By waging a war on drug users and dealers, Reagan made good on his promise to crack down on the racially defined “others”—the undeserving. Practically overnight the budgets of federal law enforcement agencies soared. Between 1980 and 1984, FBI antidrug funding increased from $8 million to $95 million.73 Department of Defense antidrug allocations increased from $33 million in 1981 to $1,042 million in 1991. During that same period, DEA antidrug spending grew from $86 to $1,026 million, and FBI antidrug allocations grew from $38 to $181 million.74 By contrast, funding for agencies responsible for drug treatment, prevention, and education was dramatically reduced. The budget of the National Institute on Drug Abuse, for example, was reduced from $274 million to $57 million from 1981 to 1984, and antidrug funds allocated to the Department of Education were cut from $14 million to $3 million.75

The president’s office, through the Justice Department, had committed the original sin of secretly issuing directives that authorized mass surveillance in the wake of 9/11. Executive overreach has only continued in the decades since, with administrations of both parties seeking to act unilaterally and establish policy directives that circumvent law—policy directives that cannot be challenged, since their classification keeps them from being publicly known.

This point deserves attention, for if a democratic republic similar to that of the United States were ever founded in a country where the power of a single individual had previously subsisted, and the effects of a centralized administration had sunk deep into the habits and the laws of the people, I do not hesitate to assert, that in that country a more insufferable despotism would prevail than any which now exists in the monarchical States of Europe, or indeed than any which could be found on this side of the confines of Asia.

In reality, Kabila was no more than a petty tyrant propelled to prominence by accident. Secretive and paranoid, he had no political programme, no strategic vision and no experience of running a government. He refused to engage with established opposition groups or with civic organisations and banned political parties. Lacking a political organisation of his own, he surrounded himself with friends and family members and relied heavily for support and protection on Rwanda and Banyamulenge. Two key ministries were awarded to cousins; the new chief of staff of the army, James Kabarebe, was a Rwandan Tutsi who had grown up in Uganda; the deputy chief of staff and commander of land forces was his 26-year-old son, Joseph; the national police chief was a brother-in-law. Whereas Mobutu had packed his administration with supporters from his home province of Équateur, Kabila handed out key positions in government, the armed forces, security services and public companies to fellow Swahili-speaking Katangese, notably members of the Lubakat group of northern Katanga, his father’s tribe.

The key thing, the one thing that almost every current and former federal prosecutor who lived through this period talks about, is that in the early years of the Obama administration, a huge premium was placed on not losing. Breuer and Holder acted like the corporate stewards they were and gravitated toward a bottom-line strategy of prosecution. They became attracted to a cost-benefit-analysis vision of law enforcement, where the key questions weren’t Who did what? and What the hell should we do about it? but Will we win? and How badly will the press screw us if we lose?

Racial stereotyping. For Martin Luther King, Jr., and other civil rights leaders, the sin of white racism was stereotyping all black people as inferior. It was a prejudice to be sure, but it was predicated on the assumption that all blacks were the same. King objected to stereotyping because he wanted blacks to be treated as individuals and not reduced exclusively to their racial identity (hence the meaning of his famous statement about the content of one's character taking precedence over the color of one's skin). The postmodern left turns the civil rights model on its head. It embraces racial stereotyping -- racial identity by any other name -- and reverses it, transforming it into something positive, provided the pecking order of power is kept in place. In the new moral scheme of racial identities, black inferiority is replaced by white culpability, rendering the entire white race, with few exceptions, collectively guilty of racial oppression. The switch is justified through the logic of racial justice, but that does not change the fact that people are being defined by their racial characteristic. Racism is viewed as structural, so it is permissible to use overtly positive discrimination (i.e., affirmative action) to reorder society. This end-justifies-the-means mentality of course predates the postmodern left. It can be found in the doctrine of affirmative action. But the racial theorists of identity politics have taken "positive" discrimination to a whole new level. Whereas affirmative action was justified mainly in terms of trying to give disadvantaged blacks a temporary leg up, the racial theorists of the postmodern left see corrective action as permanent. The unending struggle that ensues necessitates acceptance of a new type of racial stereotyping as a way of life and increasingly as something that needs to be enshrined in administrative regulations and the law. The idea of positive stereotyping contains all sorts of illiberal troublemaking. Once one race is set up as victim and another as guilty of racism, any means necessary are permitted to correct the alleged unjust distribution of power. Justice becomes retaliatory rather than color blind -- a matter of vengeance rather than justice. The notion of collective racial guilt, once a horror to liberal opinion, is routinely accepted today as the true mark of a progressive. Casualties are not only King's dream of racial harmony but also the hope that someday we can all -- blacks and whites -- rise above racial stereotypes.

...the founders of our nation were nearly all Infidels, and that of the presidents who had thus far been elected {George Washington, John Adams, Thomas Jefferson, James Madison, James Monroe, John Quincy Adams, and Andrew Jackson}, not a one had professed a belief in Christianity... When the war was over and the victory over our enemies won, and the blessings and happiness of liberty and peace were secured, the Constitution was framed and God was neglected. He was not merely forgotten. He was absolutely voted out of the Constitution. The proceedings, as published by Thompson, the secretary, and the history of the day, show that the question was gravely debated whether God should be in the Constitution or not, and after a solemn debate he was deliberately voted out of it.... There is not only in the theory of our government no recognition of God's laws and sovereignty, but its practical operation, its administration, has been conformable to its theory. Those who have been called to administer the government have not been men making any public profession of Christianity... Washington was a man of valor and wisdom. He was esteemed by the whole world as a great and good man; but he was not a professing Christian... [Sermon by Reverend Bill Wilson (Episcopal) in October 1831, as published in the Albany Daily Advertiser the same month it was made]

A similar discrepancy between objective proclaimed and objective practised can be observed in most organisations. For example, one could mistakenly believe that the principal objective of universities is to educate students. But for Ackoff, the principal objective of a university is to provide job security and increase the standard of living and quality of life of those members of the faculty and administration who make the critical decisions. Teaching is the price that faculty members must pay to share in the benefits provided. Like any price, they try to minimise it. Note that the more senior and politically powerful teaching members of the faculty are, the less teaching they do.

Away, then, with quacks and organizers! Away with their rings, chains, hooks, and pincers! Away with their artificial systems! Away with the whims of governmental administrators, their socialized projects, their centralization, their tariffs, their government schools, their state religions, their free credit, their bank monopolies, their regulations, their restrictions, their equalization by taxation, and their pious moralizations! And now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgment of faith in God and His works.

The matter of sedition is of two kinds: much poverty and much discontentment....The causes and motives of sedition are, innovation in religion; taxes; alteration of laws and customs; breaking of privileges; general oppression; advancement of unworthy persons, strangers; dearths; disbanded soldiers; factions grown desperate; and whatsoever in offending people joineth them in a common cause.' The cue of every leader, of course, is to divide his enemies and to unite his friends. 'Generally, the dividing and breaking of all factions...that are adverse to the state, and setting them at a distance, or at least distrust, among themselves, is not one of the worst remedies; for it is a desperate case, if those that hold with the proceeding of the state be full of discord and faction, and those that are against it be entire and united.' A better recipe for the avoidance of revolutions is an equitable distribution of wealth: 'Money is like muck, not good unless it be spread.' But this does not mean socialism, or even democracy; Bacon distrusts the people, who were in his day quite without access to education; 'the lowest of all flatteries is the flattery of the common people;' and 'Phocion took it right, who, being applauded by the multitude, asked, What had he done amiss?' What Bacon wants is first a yeomanry of owning farmers; then an aristocracy for administration; and above all a philosopher-king. 'It is almost without instance that any government was unprosperous under learned governors.' He mentions Seneca, Antonius Pius and Aurelius; it was his hope that to their names posterity would add his own.

The conduct of affairs, for the Rationalist, is a matter of solving problems, and in this no man can hope to be successful whose reason has become inflexible by surrender to habit or is clouded by the fumes of tradition. In this activity the character which the Rationalist claims for himself is the character of the engineer, whose mind (it is supposed) is controlled throughout by appropriate technique and whose first step is to dismiss from his attention everything not directly related to his specific intentions. The assimilation of politics to engineering is, indeed, what may be called the myth of rationalist politics. And it is, of course, a recurring theme in the literature of Rationalism. The politics it inspires may be called the politics of the felt need; for the Rationalist, politics are always charged with the feeling of the moment. He waits upon circumstance to provide him with his problems, but rejects its aid in their solution. That anything should be allowed to stand between a society and the satisfaction of the felt needs of each moment in its history must appear to the Rationalist a piece of mysticism and nonsense. And his politics are, in fact, the rational solution of those practical conundrums which the recognition of the sovereignty of the felt need perpetually creates in the life of a society. Thus, political life is resolved into a succession of crises, each to be surmounted by the application of "reason." Each generation, indeed, each administration, should see unrolled before it the blank sheet of infinite possibility. And if by chance this tablula vasa has been defaced by the irrational scribblings of tradition-ridden ancestors, then the first task of the Rationalist must be to scrub it clean; as Voltaire remarked, the only way to have good laws is to burn all existing laws and start afresh.

I can hardly believe that our nation’s policy is to seek peace by going to war. It seems that President Donald J. Trump has done everything in his power to divert our attention away from the fact that the FBI is investigating his association with Russia during his campaign for office. For several weeks now he has been sabre rattling and taking an extremely controversial stance, first with Syria and Afghanistan and now with North Korea. The rhetoric has been the same, accusing others for our failed policy and threatening to take autonomous military action to attain peace in our time. This gunboat diplomacy is wrong. There is no doubt that Secretaries Kelly, Mattis, and other retired military personnel in the Trump Administration are personally tough. However, most people who have served in the military are not eager to send our young men and women to fight, if it is not necessary. Despite what may have been said to the contrary, our military leaders, active or retired, are most often the ones most respectful of international law. Although the military is the tip of the spear for our country, and the forces of civilization, it should not be the first tool to be used. Bloodshed should only be considered as a last resort and definitely never used as the first option. As the leader of the free world, we should stand our ground but be prepared to seek peace through restraint. This is not the time to exercise false pride! Unfortunately the Trump administration informed four top State Department management officials that their services were no longer needed as part of an effort to "clean house." Patrick Kennedy, served for nine years as the “Undersecretary for Management,” “Assistant Secretaries for Administration and Consular Affairs” Joyce Anne Barr and Michele Bond, as well as “Ambassador” Gentry Smith, director of the Office for Foreign Missions. Most of the United States Ambassadors to foreign countries have also been dismissed, including the ones to South Korea and Japan. This leaves the United States without the means of exercising diplomacy rapidly, when needed. These positions are political appointments, and require the President’s nomination and the Senate’s confirmation. This has not happened! Moreover, diplomatically our country is severely handicapped at a time when tensions are as hot as any time since the Cold War. Without following expert advice or consent and the necessary input from the Unites States Congress, the decisions are all being made by a man who claims to know more than the generals do, yet he has only the military experience of a cadet at “New York Military Academy.” A private school he attended as a high school student, from 1959 to 1964. At that time, he received educational and medical deferments from the Vietnam War draft. Trump said that the school provided him with “more training than a lot of the guys that go into the military.” His counterpart the unhinged Kim Jong-un has played with what he considers his country’s military toys, since April 11th of 2012. To think that these are the two world leaders, protecting the planet from a nuclear holocaust….

Just as, in the eyes of the liberal, the state is not the highest ideal, so it is also not the best apparatus of compulsion. The metaphysical theory of the state declares— approaching, in this respect, the vanity and presumption of the absolute monarchs— that each individual state is sovereign, i.e., that it represents the last and highest court of appeals. But, for the liberal, the world does not end at the borders of the state. In his eyes, whatever significance national boundaries have is only incidental and subordinate. His political thinking encompasses the whole of mankind. The starting-point of his entire political philosophy is the conviction that the division of labor is international and not merely national. He realizes from the very first that it is not sufficient to establish peace within each country, that it is much more important that all nations live at peace with one another. The liberal therefore demands that the political organization of society be extended until it reaches its culmination in a world state that unites all nations on an equal basis. For this reason he sees the law of each nation as subordinate to international law, and that is why he demands supranational tribunals and administrative authorities to assure peace among nations in the same way that the judicial and executive organs of each country are charged with the maintenance of peace within its own territory. For a long time the demand for the establishment of such a supranational world organization was confined to a few thinkers who were considered utopians and went unheeded. To be sure, after the end of the Napoleonic Wars, the world repeatedly witnessed the spectacle of the statesmen of the leading powers gathered around the conference table to arrive at a common accord, and after the middle of the nineteenth century, an increasing number of supranational institutions were established, the most widely noted of which are the Red Cross and the International Postal Union. Yet all of this was still a very far cry from the creation of a genuine supranational organization.

(Pericles Funeral Oration) But before I praise the dead, I should like to point out by what principles of action we rose to power, and under what institutions and through what manner of life our empire became great. Our form of government does not enter into rivalry with the institutions of others. Our government does not copy our neighbors', but is an example to them. It is true that we are called a democracy, for the administration is in the hands of the many and not of the few. But while there exists equal justice to all and alike in their private disputes, the claim of excellence is also recognized; and when a citizen is in any way distinguished, he is preferred to the public service, not as a matter of privilege, but as the reward of merit. Neither is poverty an obstacle, but a man may benefit his country whatever the obscurity of his condition. There is no exclusiveness in our public life, and in our private business we are not suspicious of one another, nor angry with our neighbor if he does what he likes; we do not put on sour looks at him which, though harmless, are not pleasant. While we are thus unconstrained in our private business, a spirit of reverence pervades our public acts; we are prevented from doing wrong by respect for the authorities and for the laws, having a particular regard to those which are ordained for the protection of the injured as well as those unwritten laws which bring upon the transgressor of them the reprobation of the general sentiment. Because of the greatness of our city the fruits of the whole earth flow in upon us; so that we enjoy the goods of other countries as freely as our own. Then, again, our military training is in many respects superior to that of our adversaries; Our enemies have never yet felt our united strength, the care of a navy divides our attention, and on land we are obliged to send our own citizens everywhere. But they, if they meet and defeat a part of our army, are as proud as if they had routed us all, and when defeated they pretend to have been vanquished by us all. None of these men were enervated by wealth or hesitated to resign the pleasures of life; none of them put off the evil day in the hope, natural to poverty, that a man, though poor, may one day become rich. But, deeming that the punishment of their enemies was sweeter than any of these things, and that they could fall in no nobler cause, they determined at the hazard of their lives to be honorably avenged, and to leave the rest. They resigned to hope their unknown chance of happiness; but in the face of death they resolved to rely upon themselves alone. And when the moment came they were minded to resist and suffer, rather than to fly and save their lives; they ran away from the word of dishonor, but on the battlefield their feet stood fast, and in an instant, at the height of their fortune, they passed away from the scene, not of their fear, but of their glory. I speak not of that in which their remains are laid, but of that in which their glory survives, and is proclaimed always and on every fitting occasion both in word and deed. For the whole earth is the tomb of famous men.

Michelle Alexander, an associate professor of law at Ohio State University, has written an entire book, The New Jim Crow, that blames high black incarceration rates on racial discrimination. She posits that prisons are teeming with young black men due primarily to a war on drugs that was launched by the Reagan administration in the 1980s for the express purpose of resegregating society. “This book argues that mass incarceration is, metaphorically, the New Jim Crow and that all those who care about social justice should fully commit themselves to dismantling this new racial caste system,” wrote Alexander.4 “What this book is intended to do—the only thing it is intended to do—is to stimulate a much-needed conversation about the role of the criminal justice system in creating and perpetrating racial hierarchy in the United States.”5 Liberals love to have “conversations” about these matters, and Alexander got her wish. The book was a best seller. NPR interviewed her multiple times at length. The New York Times said that Alexander “deserved to be compared to Du Bois.” The San Francisco Chronicle described the book as “The Bible of a social movement.

Rule by decree has conspicuous advantages for the domination of far-flung territories with heterogeneous populations and for a policy of oppression. Its efficiency is superior simply because it ignores all intermediary stages between issuance and application, and because it prevents political reasoning by the people through the withholding of information. It can easily overcome the variety of local customs and need not rely on the necessarily slow process of development of general law. It is most helpful for the establishment of a centralized administration because it overrides automatically all matters of local autonomy. If rule by good laws has sometimes been called the rule of wisdom, rule by appropriate decrees may rightly be called the rule of cleverness. For it is clever to reckon with ulterior motives and aims, and it is wise to understand and create by deduction from generally accepted principles. Government by bureaucracy has to be distinguished from the mere outgrowth and deformation of civil services which frequently accompanied the decline of the nation-state—as, notably, in France. There the administration has survived all changes in regime since the Revolution, entrenched itself like a parasite in the body politic, developed its own class interests, and become a useless organism whose only purpose appears to be chicanery and prevention of normal economic and political development. There are of course many superficial similarities between the two types of bureaucracy, especially if one pays too much attention to the striking psychological similarity of petty officials. But if the French people have made the very serious mistake of accepting their administration as a necessary evil, they have never committed the fatal error of allowing it to rule the country—even though the consequence has been that nobody rules it. The French atmosphere of government has become one of inefficiency and vexation; but it has not created and aura of pseudomysticism. And it is this pseudomysticism that is the stamp of bureaucracy when it becomes a form of government. Since the people it dominates never really know why something is happening, and a rational interpretation of laws does not exist, there remains only one thing that counts, the brutal naked event itself. What happens to one then becomes subject to an interpretation whose possibilities are endless, unlimited by reason and unhampered by knowledge. Within the framework of such endless interpretive speculation, so characteristic of all branches of Russian pre-revolutionary literature, the whole texture of life and world assume a mysterious secrecy and depth. There is a dangerous charm in this aura because of its seemingly inexhaustible richness; interpretation of suffering has a much larger range than that of action for the former goes on in the inwardness of the soul and releases all the possibilities of human imagination, whereas the latter is consistently checked, and possibly led into absurdity, by outward consequence and controllable experience.

While these tactics were aggressive and crude, they confirmed that our legislation had touched a nerve. I wasn’t the only one who recognized this. Many other victims of human rights abuses in Russia saw the same thing. After the bill was introduced they came to Washington or wrote letters to the Magnitsky Act’s cosponsors with the same basic message: “You have found the Achilles’ heel of the Putin regime.” Then, one by one, they would ask, “Can you add the people who killed my brother to the Magnitsky Act?” “Can you add the people who tortured my mother?” “How about the people who kidnapped my husband?” And on and on. The senators quickly realized that they’d stumbled onto something much bigger than one horrific case. They had inadvertently discovered a new method for fighting human rights abuses in authoritarian regimes in the twenty-first century: targeted visa sanctions and asset freezes. After a dozen or so of these visits and letters, Senator Cardin and his cosponsors conferred and decided to expand the law, adding sixty-five words to the Magnitsky Act. Those new words said that in addition to sanctioning Sergei’s tormentors, the Magnitsky Act would sanction all other gross human rights abusers in Russia. With those extra sixty-five words, my personal fight for justice had become everyone’s fight. The revised bill was officially introduced on May 19, 2011, less than a month after we posted the Olga Stepanova YouTube video. Following its introduction, a small army of Russian activists descended on Capitol Hill, pushing for the bill’s passage. They pressed every senator who would talk to them to sign on. There was Garry Kasparov, the famous chess grand master and human rights activist; there was Alexei Navalny, the most popular Russian opposition leader; and there was Evgenia Chirikova, a well-known Russian environmental activist. I didn’t have to recruit any of these people. They just showed up by themselves. This uncoordinated initiative worked beautifully. The number of Senate cosponsors grew quickly, with three or four new senators signing on every month. It was an easy sell. There wasn’t a pro-Russian-torture-and-murder lobby in Washington to oppose it. No senator, whether the most liberal Democrat or the most conservative Republican, would lose a single vote for banning Russian torturers and murderers from coming to America. The Magnitsky Act was gathering so much momentum that it appeared it might be unstoppable. From the day that Kyle Scott at the State Department stonewalled me, I knew that the administration was dead set against this, but now they were in a tough spot. If they openly opposed the law, it would look as if they were siding with the Russians. However, if they publicly supported it, it would threaten Obama’s “reset” with Russia. They needed to come up with some other solution. On July 20, 2011, the State Department showed its cards. They sent a memo to the Senate entitled “Administration Comments on S.1039 Sergei Magnitsky Rule of Law.” Though not meant to be made public, within a day it was leaked.

John Adams was keenly aware of the relationship between secrecy and corruption in government and the preservation of liberty. Many of the Founding Fathers understood the importance of transparency in a nation’s rulers. James Madison wrote that “A popular government without popular information, or the means of acquiring it, is but a prologue to a Farce or a Tragedy, or perhaps both.” Thomas Jefferson said that “If we are to guard against ignorance and remain free, it is the responsibility of every American to be informed.” Judicial Watch has always believed that knowing the “characters and conduct” of the individuals who serve in the government and ensuring that the public is “informed” about what its government is doing is crucial to preserving our great republic. That is why for over twenty-two years we have been the most active user of the federal Freedom of Information Act (FOIA) to promote transparency, accountability, and integrity in government, politics, and the law. We are the nation’s largest and most effective government watchdog group that works to advance the public interest. Transparency is all about self-governance. If we don’t know what the government is doing, how is that self-governance? How is that even a republic? When we were founded in 1994, we used the FOIA open records law to root out corruption in the Clinton administration. During the Bush administration, we used it to combat that administration’s penchant for improper secrecy. But the Bush administration pales in comparison to the Obama administration. Today, our government is bigger than ever, and also the most secretive in recent memory.

An executive who arrogates to himself the power to ignore the legitimate legislative directives of the Congress or to act free of the check of the judiciary becomes the central threat that the Founders sought to nullify in the Constitution. In the words of James Madison, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” What would Benjamin Franklin think of President Bush’s assertion that he has the inherent power, even without a declaration of war by the Congress, to launch an invasion of any nation on earth, at any time he chooses, for any reason he wishes, even if that nation poses no imminent threat to the United States? How long would it take James Madison to dispose of our current president’s claim, in Department of Justice legal opinions, that he is largely above the rule of law so long as he is acting in his role as commander in chief? I think it is safe to say that our Founders would be genuinely concerned about these recent developments in American democracy and that they would feel that we, here, are now facing a clear and present danger with the potential to threaten the future of the American experiment. Shouldn’t we be equally concerned, and shouldn’t we ask ourselves how it is that we have come to this point? In the name of security, this administration has attempted to relegate the Congress and the courts to the sidelines and replace our democratic system of checks and balances with an unaccountable executive. And all the while, it has constantly angled for new ways to exploit the sense of crisis for partisan gain and political dominance.

According to Bartholomew, an important goal of St. Louis zoning was to prevent movement into 'finer residential districts . . . by colored people.' He noted that without a previous zoning law, such neighborhoods have become run-down, 'where values have depreciated, homes are either vacant or occupied by color people.' The survey Bartholomew supervised before drafting the zoning ordinance listed the race of each building's occupants. Bartholomew attempted to estimate where African Americans might encroach so the commission could respond with restrictions to control their spread. The St. Louis zoning ordinance was eventually adopted in 1919, two years after the Supreme Court's Buchanan ruling banned racial assignments; with no reference to race, the ordinance pretended to be in compliance. Guided by Bartholomew's survey, it designated land for future industrial development if it was in or adjacent to neighborhoods with substantial African American populations. Once such rules were in force, plan commission meetings were consumed with requests for variances. Race was frequently a factor. For example, on meeting in 1919 debated a proposal to reclassify a single-family property from first-residential to commercial because the area to the south had been 'invaded by negroes.' Bartholomew persuaded the commission members to deny the variance because, he said, keeping the first-residential designation would preserve homes in the area as unaffordable to African Americans and thus stop the encroachment. On other occasions, the commission changed an area's zoning from residential to industrial if African American families had begun to move into it. In 1927, violating its normal policy, the commission authorized a park and playground in an industrial, not residential, area in hopes that this would draw African American families to seek housing nearby. Similar decision making continued through the middle of the twentieth century. In a 1942 meeting, commissioners explained they were zoning an area in a commercial strip as multifamily because it could then 'develop into a favorable dwelling district for Colored people. In 1948, commissioners explained they were designating a U-shaped industrial zone to create a buffer between African Americans inside the U and whites outside. In addition to promoting segregation, zoning decisions contributed to degrading St. Louis's African American neighborhoods into slums. Not only were these neighborhoods zoned to permit industry, even polluting industry, but the plan commission permitted taverns, liquor stores, nightclubs, and houses of prostitution to open in African American neighborhoods but prohibited these as zoning violations in neighborhoods where whites lived. Residences in single-family districts could not legally be subdivided, but those in industrial districts could be, and with African Americans restricted from all but a few neighborhoods, rooming houses sprang up to accommodate the overcrowded population. Later in the twentieth century, when the Federal Housing Administration (FHA) developed the insure amortized mortgage as a way to promote homeownership nationwide, these zoning practices rendered African Americans ineligible for such mortgages because banks and the FHA considered the existence of nearby rooming houses, commercial development, or industry to create risk to the property value of single-family areas. Without such mortgages, the effective cost of African American housing was greater than that of similar housing in white neighborhoods, leaving owners with fewer resources for upkeep. African American homes were then more likely to deteriorate, reinforcing their neighborhoods' slum conditions.

In 1786, Jefferson, then the American ambassador to France, and Adams, then the American ambassador to Britain, met in London with Sidi Haji Abdul Rahman Adja, the ambassador to Britain. The Americans wanted to negotiate a peace treaty based on Congress’ vote to appease. During the meeting Jefferson and Adams asked the ambassador why Muslims held so much hostility towards America, a nation with which they had no previous contacts. In a later meeting with the American Congress, the two future presidents reported that Ambassador Sidi Haji Abdul Rahman Adja had answered that Islam “was founded on the Laws of their Prophet, that it was written in their Qur’an that all nations who should not have acknowledged their authority were sinners, that it was their right and duty to make war upon them wherever they could be found, and to make slaves of all they could take as Prisoners, and that every Musselman (Muslim) who should be slain in Battle was sure to go to Paradise.” For the following 15 years, the American government paid the Muslims millions of dollars for the safe passage of American ships or the return of American hostages. Most Americans do not know that the payments in ransom and Jizyah tribute amounted to 20 percent of United States government annual revenues in 1800. Not long after Jefferson’s inauguration as president in 1801, he dispatched a group of frigates to defend American interests in the Mediterranean, and informed Congress. Declaring that America was going to spend “millions for defense but not one cent for tribute,” Jefferson pressed the issue by deploying American Marines and many of America’s best warships to the Muslim Barbary Coast. The USS Constitution, USS Constellation, USS Philadelphia, USS Chesapeake, USS Argus, USS Syren and USS Intrepid all fought. In 1805, American Marines marched across the dessert from Egypt into Tripolitania, forcing the surrender of Tripoli and the freeing of all American slaves. During the Jefferson administration, the Muslim Barbary States, crumbled as a result of intense American naval bombardment and on shore raids by Marines. They finally agreed officially to abandon slavery and piracy. Jefferson’s victory over the Muslims lives on today in the Marine Hymn with the line “From the halls of Montezuma to the shores of Tripoli, we will fight our country’s battles on the land as on the sea.” It wasn’t until 1815 that the problem was fully settled by the total defeat of all the Muslim slave trading pirates.

INTERNATIONAL LAW WAS CREATED DURING THE BUSH ADMINISTRATION BECAUSE a group of Mexicans—and one African American—gang-raped and murdered two teenaged girls in Houston, Texas.1 The crime made history in another way: It led to the most death sentences handed out for a single crime in Texas since 1949.2 Do you even know about this case? The only reason the media eventually admitted that the lead rapist, Jose Ernesto Medellin, was an illegal alien from Mexico was to try to overturn his conviction on the grounds that he had not been informed of his right, as a Mexican citizen, to confer with the Mexican consulate. Journalists have an irritating tendency to skimp on detail when reporting crimes by immigrants, a practice that will not be followed here. One summer night in June 1993, fourteen-year-old Jennifer Ertman and Elizabeth Peña, who had just turned sixteen, were returning from a pool party, and decided to take a shortcut through a park to make their 11:30 p.m. curfew. They encountered a group of Hispanic men, who were in the process of discussing “gang etiquette,” such as not complaining if other members talked about having sex with your mother.3 The girls ran away, but Medellin grabbed Jennifer and began ripping her clothes off. Hearing her screams, Elizabeth came back to help her friend. For more than an hour, the five Hispanics and one black man raped the teens, vaginally, anally, and orally—“every way you can assault a human being,” as the prosecutor put it.4 The girls were beaten, kicked, and stomped, their teeth knocked out and their ribs broken. One of the Hispanic men told Medellin’s fourteen-year-old brother to “get some,” so he raped one of the girls, too. But when it was time to kill the girls, Medellin said his brother was “too small to watch” and dragged the girls into the woods.5 There, the girls were forced to kneel on the ground and a belt or shoelace was looped around their necks. Then a man on each side pulled on the cord as hard as he could. The men strangling Jennifer pulled so hard they broke the belt. Medellin later complained that “the bitch wouldn’t die.” When it was done, he repeatedly stomped on the girls’ necks, to make sure they were dead.6 At trial, Medellin’s sister-in-law testified that shortly after the gruesome murders, Medellin was laughing about it, saying they’d “had some fun with some girls” and boasting that he had “virgin blood” on his underpants.7 It’s difficult to understand a culture where such an orgy of cruelty is bragged about at all, but especially in front of women.