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On Excess, Law & Meritocracy

In Law on January 22, 2013 at 12:18 AM

January 21, 2013

To the People of the United States of America:

WHEN did honesty become a liability? asked the philosopher.
“When was the magic replaced by maggots?” asked the poet.
When did the rule of law give way to “mobocratic” spirit? asked the president.
“I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character,” proclaimed the reverend.

As warned the Jewish prophet,
“Woe to those who join house to house;
They add field to field,
Till there is no place
Where they may dwell alone in the midst of the land!
In my hearing the LORD of hosts said,
‘Truly, many houses shall be desolate,
Great and beautiful ones, without inhabitant.’”

When did honesty become a liability? asked the philosopher.
“When was the magic replaced by maggots?” asked the poet.
When did the rule of law give way to “mobocratic” spirit? asked the president.
“I have a dream that my daughter will one day live in a nation where she will not be judged by the size of her purse but by the sound of her actions,” proclaimed thee reverend.

As defined the Roman lawyer,
“Freedom is participation in power.”
Is a low participation rate, therefore, not symptomatic of low respect for broadening freedom?
For narrowing labor prospects, voting prospects and family prospects?
By what authority is a corporation deemed to be a citizen?

When did honesty become a liability? asked the philosopher.
“When was the magic replaced by maggots?” asked the poet.
When did the rule of law give way to “mobocratic” spirit? asked the president.
“I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character,” proclaimed the reverend.

As warned the Greek archon,
“Avoid excess.”
“The thing that you do is not good,” Jethro counseled the lawgiver.
“If this principle [stare decisis] is to do any meaningful work in supporting the rule of law, it must at least demand a significant justification,
beyond the preferences of five Justices, for overturning settled doctrine.”

When did honesty become a liability? asked the philosopher.
“When was the magic replaced by maggots?” asked the poet.
When did the rule of law give way to “mobocratic” spirit? asked the president.
“I have a dream that my daughter will one day live in a nation where she will not be judged by the size of her purse but by the sound of her actions,” proclaimed thee reverend.

As penned the American prophet,
“Finally, I believe in Patience —
patience with the weakness of the Weak
and the strength of the Strong,
the prejudice of the Ignorant
and the ignorance of the Blind;
patience with the tardy triumph of Joy
and the mad chastening of Sorrow —
patience with God.”

HAMILTON, JAY and MADISON.

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