This is the omnipresent cry of all socially accepted members of United States legal culture (and of most modern nations’ legal systems): our Nation is founded upon “the rule of law”. This is the predominant myth in United States legal culture: the United States was founded upon the “rule of law”. By “rule of law” is meant the principle that law should govern a nation as opposed to governance by the arbitrary decisions of individuals. This is the law’s strongest marketing myth yet the easiest to see through its deception to the truth once one bothers contemplating it in the context of history.
Neither the United States nor any modern industrial or technological nation — including any of the major nation state players in the modern world such as Britain, France, Germany, Italy, Russia, and so forth with the possible exception of Japan’s Meiji Restoration or of satellite nations such as Canada that are castaways from the major players — were founded upon the rule of law. The United States was founded by religious fanatics seeking freedom from all secular law and by criminal revolutionaries motivated by desires for individual freedom exempt from all law and by various forms of a master morality will to power varying from avarice, anarchy, and bootlegging to piracy, sex, tax evasion, and wagering. By “criminals”, I am not referring to the fact that many were slave owners because owning slaves was legal under the rule of law at our founding as it was for all systems of law throughout history until a couple of centuries ago when slavery’s rule of law was abrogated by armed civil revolution. The revolutionaries of our American Revolution in relation to Britain and Europe had more in common with present day Somali pirates than with any enlightened believers in “rule of law”. (In the same way that the British of the 16th Century in relation to Europe had more in common with present day Somali pirates than with any enlightened believers in “rule of law”.) They were a minority who by violence intended to force and did force their minority views and rebellion against established British law upon the Loyalist majority not by any rule of law but through violent tactics and atrocities against Loyalist civilians and their property that would be called terrorism and war crimes in our present world. A detailed chronological history of how a violent criminal minority was able to start and win our American revolution can be seen at www.redcoat.me.uk/Rev-War.htm . In short, the fanatical minority criminal revolutionaries of the American Revolution in trying to give meaning and power to their individual lives used the atrocious, illegal, and deceptive tactics of all revolutionaries in history without consideration or respect to any concepts of “rule of law” other than “might makes right”.
The difference is that our revolutionaries because of their unique place in time and space were successful in revolting against the established rule of law. This success has more to do with physical geography and the availability of new industry and technology than of any inherent good in the revolutionaries: luck, destiny, fate, or whatever you want to call it. See www.redcoat.me.uk/Rev-War.htm .
The worse and best aspect of the founding of the United States is that such rebellion against the rule of law is what had to occur to make us the first country in history in association with the dawn of the Industrial Age and now the Technological Age to be founded not upon principles of “rule of law” through kings, queens, emperors, military leaders, senators, representatives, judges, or other demagogues but upon principles claiming the individual not the individual’s community is the measure of all things. As such a country, we have been for more than two hundred years a beacon of hope to all humanity still living under the natural and ancient “rule of law” that individuals to survive in a universe at best indifferent to our existence must surrender their individual needs and goals to the needs and goals of the whole to survive. Revolutionaries of the American Revolution said, “F___k the whole” and spit in the face of the indifference of the universe and its “rule of law” to explore, discover, and conquer their universe in a struggle, perhaps never ending, to make their own individual heaven on earth.
As a result of their success in founding a nation through might with no respect for any rule of law, our revolutionary rebels were then faced with the issue of how to rule their new nation. This leads me to the second false myth about the rule of law: the rule of law protects the powerless from the powerful