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The rule of law is the bulwark that protects our democracy. In our democracy, government and its officials must follow the rule of law. If they should overreach the rule of law, our Constitution gives courts the authority to protect and interpret the rule of law.
Governments that refuse to follow the rule of law are dictatorships. While our system is not perfect, it has managed to withstand various attacks. However, the rule of law is now under constant attack, and it is for this reason that many Americans believe the outcome of the November election could seriously impact the democracy envisioned by our Constitution.
There is example after example of former President Donald Trump’s repeated attacks upon the rule of law when it interferes with him achieving his objective. The clearest examples began after the November 2020 election.
When the numbers did not go Trump’s way, he and his supporters filed lawsuits around the country. The ultimate goal was to have Trump declared the winner (while disenfranchising millions of voters who voted for President Joe Biden), but the immediate goal was to stop states from certifying Biden as the winner of the presidential election. Because the claims of election fraud were fraudulent themselves, that effort failed.
Trump’s next attempt to stop the certification of Biden as the electoral college winner? A Constitutional requirement. In the states with alleged fraudulent elections, false electors attempted to cast votes for Trump. It was Indiana’s own Vice President Mike Pence (a lawyer) who refused to go against the rule of law.
Trump’s final effort to stop the transition of power featured Trump as the prime player. Following the 2020 election, Trump stoked the fires of anger amongst his supporters by continually claiming that the 2020 elections were fraudulent. Knowing the depth of their anger, Trump then invited those supporters to come to Washington, D.C., on Jan. 6, 2021, the date upon which the electoral votes would be counted and Joe Biden would be certified as president.
When the false electors’ plan failed, Trump stood before his thousands of supporters and continued to repeat his impassioned claims of election fraud, telling them, “If you don’t fight like hell, you’re not going to have a country anymore.”
Trump then instructed them to march on the Capitol where Congress was gathered for the presidential certification. Trump held himself out as the carrot on the stick, telling the mob that he would see them there. He didn’t show.
The mob was able to temporarily stop the certification of President Biden while Trump, knowing he was the one person the mob might listen to, sat at the White House for hours doing nothing. Once the mob was under control, President Biden was finally certified to take office. Trump now refers to the convicted and incarcerated members of the mob as “political prisoners” thumbing his nose at the judicial process that found them guilty.
And now, as Trump is engaged in multiple court actions, he has repeatedly attacked the courts, seeking to sow a lack of trust in the courts and rule of law. Should Trump be convicted of a crime, his supporters will question the validity of the conviction. Given Trump’s history, there is no doubt Trump will disavow it. The real question is how will he do it?
Any bulwark, if hit hard enough and often enough will start to weaken. If the rule of law weakens, where does that leave us? Think about that when you vote in November.•
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Celestino-Horseman is an Indianapolis attorney. Send comments to ibjedit@ibj.com.
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