Introduction

 

I am a lawyer.  For almost 23 years I was a member of the judiciary.  Now that I have retired from the bench I am free to speak publicly about my personal beliefs and convictions and to get involved in the political process.  This site is one of the steps I am taking toward that goal.

I am scared for the future of this country.  In addition to our having an absolutely incompetent bureaucracy fail us at every turn, we are being led into an oligarchy.  The Rule of Law is being eroded at every opportunity.  History is repeating itself.  The lessons to be recalled from pre-Nazi Germany are not being heeded.  It is time for Americans to wake up.  All adult citizens must educate themselves, voice their opinion through both the ballot box and petition, send letters to Congress and the Administration, appear before Congress and get involved in the local governmental process.  Sitting at home on the couch, whining and complaining will not protect us.  It conveys no message except acceptance of the status quo.

I concede that this website is biased against the administration of George W. Bush.  But this bias is not political in the sense of Democrat v. Republican, nor conservative vs. liberal.  It is a legal philosophical bias.  My view of the Rule of Law and the meaning of our Constitution differs greatly from that expressed by the leadership of that administration. To the extent that the administration of Barack Obama has supported those policies that protect secrecy and reduction of Constitutional Rights I respectfully submit it too is in error.  I am, however, joined in my concerns by hundreds, if not thousands, of constitutional scholars across the country.  Even the most conservative members of the Courts have rejected the administration's factually and legally untenable positions at almost every opportunity.

The important thing to remember is that for a truly viable Rule of Law it is totally immaterial whether or not any administration's policies work or accomplish the stated goals of the actors.  The sole question to be asked is whether the Rule of Law is adhered to in a transparent manner that assures that no person or body is above the law.

Since the Rule is a concept rather than a law I welcome suggestions for additional articles and links voicing other views. 

                                                                                                Bob Moss