Can we please stop using the phrase “Rule of Law?” The law has been used in this country for some of the most racist, vicious, and nefarious acts committed anywhere and it’s not, IMO, a useful phrase. Better that we use “Equal Justice Under the Law.” Here are a just a few examples of laws that have been passed or rulings that have been handed down that make the point:
Chinese Exclusion Act of 1882 – At the time it was passed, Chinese were only .002% of the population, but white people were worried about maintaining “racial purity.” Like today’s fears of immigrants, it was claimed they were taking jobs from white Americans.
People v. Hall – 1854. In this case, the California Supreme Court ruled that Chinese people had no rights to testify in court, adding them to the language of the laws at the time that stated “No black or mulatto person, or Indian, shall be allowed to give evidence in favor of, or against a white man.”
The internment of Japanese-Americans during World War II was facilitated by numerous laws and Executive Orders, including EO 9066, signed by our “Democratic Socialist” President, Franklin Delano Roosevelt. My own in-laws were forced to assemble at Santa Anita Racetrack, where they resided in captivity until they were transferred to the Granada War Relocation Center in Colorado (AKA “Amache”) where they were interned for over two years.
Slavery – The laws supporting slavery are too numerous to recount here, as each state had its own “Slave Codes,” which were designed to give slave owners absolute power over their slaves, including forbidding slaves to even defend themselves or their family. In many, they were forbidden from learning to read or to leave their plantation without written permission. All of these restrictions were perfectly “legal” at the time.
The history of the U.S. and Native Americans is rife with treaties and acts continuously taking away land or forcing entire communities to leave their ancestral lands and move to less desirable locations, as well as hundreds of treaties which were broken by the U.S. The Indian Removal Act of 1830 forced the removal of five tribes, culminating in a forced migration later known as the “Trail of Tears.”
There are numerous instances in history, especially notable ones being the laws passed in Nazi Germany making it unlawful to aid Jews and providing for their imprisonment and extermination.
All these were done under the color of law, e.g. the “Rule of Law.” We need to stop using this term. As I noted above, “Equality Under the Law” seems far more on point if we’re interested in freedom, justice, and equality of all peoples.
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