The Constitutional Flaw In The Rule Of Law


Our nation’s wise Founders developed the United States Constitution with a plethora of check and balance systems for the specific purpose to forever eradicate tyranny and arbitrary punishment to the people. Many people rightfully expect different branches of government to place a check on the others to ensure no branch of government exceeds their scope of legal authority. The Founders primarily gave the duty of government oversight of the Executive and Legislative political branches to the people with rights to vote. They also gave the people the right to sit on juries to ensure our Judicial branch was not abusing power to arbitrarily harm the people. These systems were designed to enforce the rule of law on all people and the government to ensure a just society so our free government would always exist.

Wise Founder Charles Pickney from South Carolina who helped write and design the U. S. Constitution made a profound statement concerning how the Constitution had a flaw where tyranny could form. Every member of the Continental Congress had to travel back to their own colony or State to get the U.S. Constitution ratified by their government. On January 16, 1788 during the “Debates in the Legislature and in Convention of the State of South Carolina, on the Adoption of the Federal Constitution” in the House of Representatives, Honorable Charles Pickney stated, “[H]e is also, to remain in office but four years. He might ask, then, From whence are the dangers of the executive to proceed? It maybe said, From a combination of the executive and the Senate, they might form a baneful (deadly) aristocracy.” This foresight describes exactly how United States President Donald Trump has obtained powers of an unchecked King being deadly to many people by having an alliance with U.S. Senate Majority Leader Mitch A. McConnell Jr., and the Republican majority in the United States Senate.

U.S. Senate Majority Leader Mitch A. McConnell Jr., and other puppet Republicans failed to offer a fair trial to prosecute U.S. President Donald J. Trump in a valid impeachment trial for serious offenses. The result gave U.S. President Donald Trump the power of a lawless King who is abusing any official or person who spoke out against his crimes. The President then engaged in negligence failing to properly defend the lives of the people from a pandemic. Donald Trump also fired Inspector Generals who are law enforcement in every federal agency to ensure no waste, fraud or abuse that were supposed to offer oversight of COVID-19 loans. The President then ensured parties who supported his re-election received millions of dollars in forgivable loans. This money has already started to be funneled to the re-election campaign of U.S. President Donald J. Trump as media reports show Donald Trump’s campaign manager Brad Parscale as spending money in a flamboyant manner. President Trump is also making his United States Attorney General, William P. Barr drop charges on criminals or to give them pardons. This is just some of the harm Donald Trump’s union with the U.S. Senate has caused.

It is ironic that U.S. President Donald Trump and the Republicans claim to be strict enforcers of the rule of law with their criminal conduct allowing GOP criminals to go free. Their definition of the rule of law only applies to mere people, not to themselves. Some people are engaged in civil disobedience trying to correct this injustice. United States President Abraham Lincoln stated, “The people of these United States are the rightful masters of Congress and the courts, not to over-throw the Constitution, but to over-throw the men who pervert that Constitution.” Citizens may start correcting this injustice themselves while on a Grand Jury or Jury duty by mimicking the GOP to always vote not guilty when a citizen is on trial. The rule of law applies to government (Police Officers) and corporations – as well as to the citizen. The Rule of Law will not be equally served until “qualified immunity” or any government immunity is outlawed. The Founders never gave the Executive branch any immunity and law enforcement clearly abuse these privileges. While our wise Founders foresaw this problem, the Courts and Congress are oblivious to these dangers which are immunity privileges of nobility the Founders forbid.

John S. Dart, C.H.R., (1788), “Debates in the Legislature and in Convention of the South Carolina, on the Adoption of the Federal Constitution” S.C. House of Representatives. Charles Pickney. Publicly available at

E.B. & E.C. Kellogg, (1864), “Print showing three quarter portrait of Abraham Lincoln standing, holding a book, facing right” Library of Congress (LOC). Publicly available at

Leave a Reply