Rule of Law vs. Political Parties and the Importance of an Independent Judiciary

On this Friday, June 16, 2023 broadcast, Kim Monson welcomed essayist Allen Thomas to the studio for a deep discussion on the distinction between rule of law and the rule of political parties, examining how activist judges threaten constitutional governance and why rhetoric matters in the battle of ideas. The Danger of Politicizing the Judiciary Start listening at 33:46 – Hour 1 Allen Thomas breaks down the critical difference between following the law and using the judiciary as a political weapon. Thomas argues that calling judges “conservative” or “liberal” plays into the left’s framing of the courts as a political institution. When we celebrate a “conservative win” from the Supreme Court, we implicitly accept the premise that political parties can win or lose in what should be an impartial institution. Thomas explains that the founding fathers intended the judicial branch to have “neither force nor will,” as Hamilton wrote. Judges should be constitutionalists or activists, not conservatives or liberals. An activist judge abandons the rule of law to impose personal political beliefs, creating a third political branch that undermines the entire constitutional framework. The discussion turns to the Trump indictment and the obvious double standard in prosecution. Thomas points out that Hillary Clinton was explicitly told she would face prosecution if she were anyone other than a presidential candidate. The selective application of justice destroys public trust in institutions and creates a dangerous precedent where political opponents can be targeted through the legal system. “When you have an activist judge, the judicial branch is supposed to be this impartial and blind branch. It’s supposed to have neither force nor will is what Hamilton said. And that’s very important that the judicial branch not have any will or personal feelings about the law.” Allen Thomas, Essayist Federalism and Constitutional Governance Start listening at 41:17 – Hour 1 Thomas elaborates on why federalism matters for everyday citizens. Rule of law means fairness across everybody in the nation. When a business owner sees another business skip required inspections without consequence, then faces fines for doing the same thing, public faith in the system collapses. The arbitrary application of rules creates chaos rather than order. The Roe v. Wade decision illustrates the proper framing. Rather than celebrating a “pro-life win,” constitutionalists should recognize it as a victory for federalism. The Supreme Court correctly identified that abortion is not addressed in the Constitution and therefore remains a state issue. This is how the rule of law should work, regardless of personal feelings about the outcome. Medal of Honor: Alton W. Knappenberger’s Courage Under Fire Start listening at 07:51 – Hour 1 Kim shares the remarkable story of Private First Class Alton W. Knappenberger from the Center for American Values Portrait of Valor series. Known as “Nappy,” this Pennsylvania farm laborer single-handedly held off two German infantry companies near Rome during World War II. Armed with only a Browning automatic rifle, he was credited with killing 60 German soldiers over a two-hour span. When he ran out of ammunition, Knappenberger crawled to fallen American casualties in front of him to collect rifle clips, continuing the fight until his ammunition was completely exhausted. Only six of 200 soldiers in his company survived the barrage. His Medal of Honor citation notes that his “intrepid action disrupted the enemy attack for over two hours.” “I...