Arbitrary, Capricious, and Discriminatory

By William L. Garvin

“On principle, the success of our democracy depends on the rule of law.  And there is no public official that is above the rule of law.  Certainly not the President of the United States, but neither is the Rowan County clerk.  That’s a principle that is enshrined in our Constitution and in our democracy and it’s one that obviously the courts are seeking to uphold.”  Josh Earnest, President Obama’s Press Secretary

Is our nation governed by the rule of law?  There is ample evidence to the contrary.  For the rule of law to be effective, it must be applied in a consistent, fair, and impartial manner.  When laws are applied or not applied in an arbitrary, capricious, and discriminatory fashion, it breeds contempt for all the laws and for the enforcers of the laws.  The catalyst for this discussion came about when Kim Davis, a democratically elected Democrat, refused to issue marriage licenses to homosexual couples in Rowan County, Kentucky, citing her religious convictions.  Subsequently, to the delight of liberals everywhere, the court ordered her jailed for contempt.  Why the court didn’t just order the county to print up new license forms without her name as a “reasonable accommodation” is a subject for another time.  However, the hue and cry from many corners was that Davis should be fired, impeached, or forced to resign if she could not perform the duties of her office.  If this standard were to be consistently applied, we would have a dearth of office holders.

For instance, regardless of your views of California’s Proposition 8, a constitutional amendment legally enacted by California voters defining marriage as between a man and a woman, Governor Jerry Brown and Attorney General Kamala Harris refused to defend it in court.  President Barack Obama and Attorney General Eric Holder refused to defend the Defense of Marriage Act, a duly enacted law by congress.  Exacerbating the situation, Holder even counseled and encouraged state AG’s that it was unnecessary to defend such laws in their states.  Holder also refused to prosecute the New Black Panther Party though even the leftist Southern Poverty Law Center had labeled them a hate group.  The Obama administration has failed to enforce immigration laws and has even failed to fully implement Obamacare with his incessant executive orders.  By the Rowan County standard, all these officials should resign.

Then there’s the “abuse under the color of authority” by the IRS perpetrated by Lois Lerner and her staff.  In a blatant abuse of power, her unit arbitrarily, capriciously, and discriminatorily targeted Tea Party and other conservative groups.  Subsequently she obstructed justice by crashing her computer destroying emails and refusing to be accountable to congress and the American people.  So what happened?  She received a bonus and was allowed to retire with full pension and benefits!  As Secretary of State, Hillary Clinton easily bested the Lerner shenanigans.  In a flagrant lapse of judgment, she compromised national security by setting up a private email system and server, refused to turn over material, destroyed thousands of emails, and wiped her server clean.  As a former member of the Senate Armed Services Committee, there is no doubt that she knew the principles of classification whether marked or unmarked.  Despite her capricious and foolish rejection of national security for personal convenience and control, many acolytes will vote for her anyway.

Hopefully we’ll see a new president that takes the time to consistently stand a little more forcefully for our military and our civilian first responders.  Hopefully he or she will condemn any group that chants:  “What do we want?” “DEAD COPS!”  “When do we want it?” “NOW!”  Don’t forget the recent paean to incivility: “Pigs in a blanket, fry ‘em like bacon.”  Incomprehensibly, the “Black Lives Matter” spokesman said it was all done in jest and good humor.  Other than politicians, who else would be able to get away with such claptrap especially in light of the recent ambushes and executions of police officers?  Maybe it’s time to take a closer look at “black privilege” and the ability to flaunt laws, rules and regulations, decorum and common decency with impunity.  Of course if you do, be prepared to be called a racist even when you sincerely believe that all lives matter.