Lawmakers: Exempt From The Law They Make?

The idea that no one is above the law is a foundational principle of democracy. When the law does not apply to lawmakers, the very essence of democracy is threatened. This notion of the rule of law implies that every person, including lawmakers, is subject to the same legal codes and processes. It is a political ideal that holds that all people and institutions within a country, state, or community are accountable to the law.

Lawmakers are not above the law

The principle that "no one is above the law" is a foundational tenet of democracy. The rule of law implies that every person, including lawmakers, law enforcement officials, and judges, is subject to the same laws. This idea can be traced back to ancient civilizations, including ancient Greece, Mesopotamia, India, and Rome.

In the context of modern governance, the rule of law serves as a check against the arbitrary use of power and ensures equality before the law. It is a safeguard against rule by a select few and promotes stability, predictability, and fairness in the application of laws.

When lawmakers are not held to the same standards as the citizens they represent, the very foundation of democracy is threatened. As the quote goes, "When the law doesn't apply to the lawmakers, you're not being governed: you're being ruled." This highlights the importance of accountability and transparency in governance.

The influence of personal relationships, media coverage, and political affiliations on lawmakers' decision-making cannot be understated. While these factors may shape the legislative process, it is crucial that lawmakers uphold the rule of law and act in the best interests of their constituents.

Lawmakers have a responsibility to ensure that the laws they create and enforce are just and equitable. This involves considering the impact of legislation on various segments of society and engaging in effective communication with their constituents to understand their needs and priorities.

In summary, the rule of law is a cornerstone of democratic societies, and lawmakers play a pivotal role in upholding this principle. By holding themselves accountable to the same laws as their citizens, lawmakers strengthen the social contract and maintain the integrity of the legislative process.

Lawmakers are servants of the law

The concept of lawmakers being servants of the law can be traced back to ancient times, with similar ideas appearing in Indian epics, Chinese philosophy, and Ancient Greek political thought. For example, the Mahabharata states that:

> A King who after having sworn that he shall protect his subjects fails to protect them should be executed like a mad dog.

Aristotle also advocated for the rule of law, writing:

> It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws.

In more recent times, the idea has been expressed by people such as Kim Stanley Robinson, who wrote:

> It's lawmakers know better than anyone that laws are more a matter of practical compromise than any kind of moral imperative.

Despite the long history and widespread acceptance of the idea that lawmakers are servants of the law, it is often perceived that this principle is not always upheld in practice. This can lead to a sense of disillusionment and cynicism among the public. However, it is important to remember that effective communication and advocacy can help to ensure that lawmakers are held accountable and that the law is applied equally to all.

Lawmakers are bound by the law

The idea that lawmakers are not bound by the law has been expressed in the quote, "When the law doesn't apply to the lawmakers, you're not being governed: you're being ruled." This suggests that when lawmakers are exempt from the laws they create, they are no longer serving the people but instead ruling over them.

However, the concept that "no one is above the law" is a fundamental principle of the rule of law. This idea can be traced back to ancient civilizations, including ancient Greece, Mesopotamia, India, and Rome. For example, the Upanishads, a collection of ancient Indian texts, state, "The law is the king of the kings. No one is higher than the law. Not even the king." Similarly, Aristotle, a Greek philosopher, advocated for the rule of law, stating, "It is more proper that law should govern than any one of the citizens."

The rule of law implies that lawmakers, alongside law enforcement officials and judges, are subject to the same laws as everyone else. This stands in contrast to the rule of man, where a person or group of people wield power arbitrarily. In a society governed by the rule of law, laws are publicly disclosed and apply equally to all members, including those in positions of power.

In modern times, the principle that lawmakers are bound by the law is reflected in the constitutions and legal frameworks of many countries. For instance, the United States Constitution requires all government officers, including legislators, to pledge to uphold the Constitution, which affirms the supremacy of the rule of law. Similarly, Finland's constitution explicitly stipulates that "the exercise of public powers shall be based on an Act. In all public activity, the law shall be strictly observed."

Holding lawmakers accountable to the same laws as their constituents is crucial for maintaining good governance and preventing abuse of power. It ensures that laws are just and fair, protecting the rights and freedoms of all citizens, including those who create and enforce the laws.

Lawmakers should be held accountable

When lawmakers are not bound by the laws they create, the very foundation of a just society is undermined. As the quote, "When the law doesn't apply to the lawmakers, you're not being governed: you're being ruled," suggests, the distinction between being governed and ruled is crucial. Governance implies a social contract where citizens consent to be governed by laws created through a democratic process. In contrast, rule implies the arbitrary imposition of power, where those in authority are unaccountable and can act with impunity.

The idea of lawmakers being above the law is antithetical to the principles of equality and justice that underpin modern legal systems. It harkens back to the notion of the "divine right of kings," where monarchs claimed to rule by God's authority and were thus unbound by earthly laws. However, the Enlightenment and the rise of democratic ideals challenged this concept, asserting that all persons, including those in power, must be subject to the law.

Lawmakers must be held to the same standards as the citizens they represent. This ensures that laws are just and equitable, and it reinforces the legitimacy of the legal system. When lawmakers are exempt from the laws they create, it breeds mistrust and undermines the very fabric of society. It is essential that lawmakers lead by example and uphold the laws they enact, thereby setting a standard for all citizens to follow.

Furthermore, holding lawmakers accountable is a safeguard against corruption and abuse of power. When lawmakers are not bound by the law, it creates an environment where personal interests can supersede the public good. History is replete with examples of the dangers that arise when those in power are unaccountable, from authoritarian regimes to systemic corruption. Thus, ensuring that lawmakers are subject to the law is a critical check on power and a protection for citizens.

Lawmakers should be subject to the same laws as citizens

The idea that lawmakers should be subject to the same laws as citizens is a foundational principle of democracy and has been expressed in various ways throughout history.

The concept of the "rule of law" asserts that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. This idea can be traced back to ancient civilizations such as ancient Greece, Mesopotamia, India, and Rome. For instance, the Indian epics Ramayana and Mahabharata, which date back to the 8th or 9th centuries BC, emphasize the duty of a king to protect their subjects and the consequences if they fail to do so.

In the 17th century, English Chief Justice Sir Edward Coke stated, "the law was the golden met-wand and measure to try the causes of the subjects; and which protected His Majesty in safety and peace." This notion was further popularized in the 19th century by British jurist A. V. Dicey, who is often credited with promoting the modern interpretation of the "rule of law."

The "rule of law" stands in contrast to the "rule of man," where one person or a group of persons rule arbitrarily. In a society governed by the rule of law, no one is above the law, and it acts as a check against the arbitrary use of power. This principle is closely tied to the ideal of constitutionalism, which aims to prevent governmental power from being concentrated in the hands of a few.

In the United States, the notion that no one is above the law was prominent during the country's founding. Thomas Paine, for example, wrote in his pamphlet "Common Sense" that "in America, the law is king. For as in absolute governments the King is law, so in free countries, the law ought to be king; and there ought to be no other." This sentiment was later enshrined in Article VI of the Declaration of Rights in the Constitution of the Commonwealth of Massachusetts in 1780.

The idea that lawmakers should be subject to the same laws as citizens is essential for maintaining good governance and preventing abuse of power. It ensures that lawmakers are accountable to the same legal standards as those they represent and helps to uphold the integrity of the legislative process.

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