Is the Law a Dead Letter Now?

Back in the 1990s, when I was a teenage Republican, I believed humanity would find a legal system so self-sustaining, we could eventually exclude humans from the equation. We could write laws, then deploy the bureaucratic instruments necessary to enforce those laws, without bias or favor, essentially forever. The machine would support itself without inputs from nasty, unreliable humans. We only needed to trust the modernist small-L liberal process.

Okay, we hadn’t written such laws to implement such systems, but that only proved we hadn’t written such laws yet. Because individuals only enforced laws as written, I reckoned, such self-sustaining systems would preclude individual prejudice or demographic bias. (I didn’t realize, for years, that laws themselves could contain bias.) Divisions, disadvantage, and destitution would eventually wither as laws enforced baseline ethical standards which encompassed everyone, everywhere, equally.

Watching the meltdown surrounding Kilmar Abrego Garcia, I’m seeing underlined something I gradually realized in my twenties, but never previously needed to say aloud: all laws are doomed to fail. Even laws written with altruistic intent and thorough legal support, like the 14^th Amendment, work to the extent that those entrusted to enforce them, actually do so. America’s current executive regime is demonstrating no intention to enforce the law justly.

The regime first deported Abrego Garcia in March, despite him having legal residency status and never having been convicted of any crime. Initially, the regime acknowledged that they’d expelled Abrego Garcia mistakenly, and based on that acknowledgment, the Supreme Court—dominated by Republican nominees and one-third appointed by the current president—unilaterally demanded his return. So the regime flippantly changed the narrative and refused to comply.

This refusal, stated unambiguously in an Oval Office press conference where the American and Salvadoran presidents shared the lectern, demonstrates why the law will inevitably fail. America’s system, predicated on the government’s adherence to the principles laid out in the Constitution, absolutely requires that all participants share a prior commitment. Simply put, they must believe that nation, government, and law, are more important than any individual. Even the president.

Kilmar Abrego Garcia (AP photo)

We must strike a balance here, certainly. Individuals write our laws, even individuals working collectively, and our legislators are individuals. The “buck stops here” president, an individual, must balance power with the nine SCOTUS justices and the 535 members of Congress, who are all individuals, even when working jointly. But those individuals all work for a shared vision, and when they don’t, their whimsy becomes antithetical to state organization.

Please don’t misunderstand me. Any individual may call the nation wrong, as for instance Dr. King did, and may organize to redress such wrong. Indeed, only such public, organized call-out may sway the nation’s conscience sufficiently to enact change or improve a dysfunctional system. The primacy of the nation doesn’t mean citizens must meekly accept arbitrary or unjust directions from a unitary state. That would basically invite autocracy.

Simultaneously, however, those who seek official state power must submit themselves to something larger than their individuality. Dr. King never ran for office, and the tactics he employed when crossing the Edmund Pettis Bridge would’ve been inappropriate in Congress. Indeed, his deputy, John Lewis, who became a Representative, used Dr. King’s tactics to mobilize voters, but submitted himself to forms of order when writing and voting on legislation.

My regular readers, who mostly share my sociopolitical views, may think I’m saying something obvious here. But as I write, the current president’s approval ratings hover between 41% and 49%. That’s negative, and substantially underwater, but at least two in five Americans look at what’s currently happening, and don’t mind. They voted for his tariffs, immigrant roundups, and rollbacks of civil rights law, and five months later, they remain unchanged.

A satisfactory fraction of American voters approves of, or at least don’t mind, a president placing himself above either Congress or SCOTUS. This president, like Andrew Jackson before him, thinks he’s empowered to force lawful residents off their land, unless someone has guns enough to stop him. Essentially, he’ll continue ignoring baselines of justice until someone, presumably Congress, does something to stop him.

Our entire Constitutional structure requires those elected to power, to agree that America is more important than themselves. That means both America, the human collective, and America, the structures of government. If laws require them to act correctly, then they must abide by those laws without threats of force. If they can’t do that, well, that’s what checks and balances are for. If that fails, We the People step in.