Constitution Day Discusses the Trump Indictments and the Rule of Law
Posted Sep 19, 2023
Last night, Department faculty members Sean Evans and Seth Brake led a a discussion on the Trump indictments and the rule of law for the university's annual Constitution Day. Instead of offering up a lecture, the faculty made some general points and then opened the floor to discussions and questions.
Dr. Evans noted while high officials have been investigated and indictment, the Trump indictments are unprecedented because he is a former president seeking to regain his office who engages in reckless and inappropriate behavior that both thrills his supporters while enraging his opponents in our polarized age.
He noted that the indictments raise the importance of democratic norms. Democratic norms are the unwritten rules that govern political conduct. Unfortunately, constitutions cannot anticipate every situation and we cannot always trust politicians, politics, or the law to restrain their selfish impulses. Thus, norms are the guardrails of democracy that delineate the range of reasonable and acceptable political behaviors.
These indictments specifically raise discussion of two very important norms: institutional forbearance and mutual tolerance. The norm of institutional forbearance holds that politicians should refrain from using the full breadth and scope of their politically allocated power, when doing so would undermine the democratic system. In this case, the question is whether the indictments are motivated by a concern with the law or political motivations. The norm of mutual toleration is the idea that as long as our rivals play by constitutional rules, we accept that they have an equal right to exist, compete for power, and govern. The two work together as parties that tolerate the other party are less inclined to push the limits of their power while intolerance of the other party leads to more norm violations.
The faculty then briefly reviewed the four set of indictments before Dr. Evans spoke about the importance of the rule of law. The rule of law is the principle that all persons, institutions, and entities are accountable to laws that are made in a fair process, publicized, equally enforced, adjudicated by independents courts, and respectful of constitutional rights. It contrasts with the rule of man that refers to the arbitrary use of political authority for the betterment of individuals at the expense of others. The rule of law is key to a producing a fair and orderly society that protects our rights from the arbitrary use of power.
The faculty took a short poll on whether attendees thought the indictments reflected the rule of law or were a political persecution. A slight majority thought that the indictments reflected the rule of law. The faculty then gave attendees the opportunity to defend their views and ask questions. During this period, the faculty helped answer questions about double standards in the classified documents and January 6th indictments, how the Manhattan indictment was the most political since the DA uses a novel legal theory where the state prosecutes someone for violating a federal law, how the classified documents case is the easiest case to get a conviction, the problems with the GA RICO law, and other things.
Mr. Brake then spoke on how the indictments affect democracy. He noted that there are several things that threaten democracy. First, when a society is highly polarized, it creates a weak point for opportunists to exploit. Highly polarized societies cannot vote against their party, even when they see value in it. But that in and of itself isn't enough. Second, when there are prominent political actors who lack commitment to institutions, or see institutions as obstacles, democracy is at threat. Third, many democracies die with a whimper rather than with a bang. The executive gradually gets more and more power. Once that power becomes a political tool to be used as a weapon against political opponents, democracy is in danger. Finally, when political agendas live or die on the outcome of a single election, compromise becomes impossible. It is the combination of these factors that threaten democracy.
Participants then asked various questions about how the indictment affects democracy. Brake pointed out that the biggest problem is that when someone like Trump is running for president to stay out of jail, they have incentives to break norms to make sure that does not happen.
Finally, the faculty spoke about how Christians should respond to this situation. First, they should pray for peace, wisdom for political leaders, prosecutors, attorneys, and former President Trump, respect and understanding for different sides, and an outcome accepted by all as fair and just. Second, Christians should always seek truth which means, in this case, the need to judge each indictment individually by weighing the evidence from both sides. Third, Christians need to speak truth in love to those they disagree with. They need to do this especially for those who have similar political ideas to reduce the echo chambers in our lives and promote more reliable and accurate ideas.