We’re Well Past Alarm Bells
The Trump administration is mocking court orders, laying the groundwork for political retribution, and declaring open war on the rule of law.
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In Federalist No. 51, defending the separation of powers and its pitting of ambition against ambition and its connecting the interest of office-holders with the constitutional rights of the place, James Madison explained:
It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.
We’re not angels. And rule by angels isn’t available to us. To avoid anarchy, we need a government that can control our potentially violent passions. And we need the rule of law and its institutional buttresses like the separation of powers to enable us to live in freedom, not despotism.
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