The 22nd Principle of Freedom: Governed by Law, Not Whims
In W. Cleon Skousen’s seminal work, “The 5000 Year Leap,” the 22nd principle posits that “a free people should be governed by law and not by the whims of men.” This principle underscores the foundation of a stable, just society where the rule of law ensures that government actions are predictable, consistent, and based on established legal norms rather than the capricious desires of those in power.
The Essence of the Principle
The principle emphasizes the importance of a legal system where laws are the supreme authority, not the personal decisions or biases of individuals in power. This idea draws heavily from the historical and philosophical underpinnings of Western legal tradition, particularly from the concept of the rule of law, which has been a cornerstone since the Magna Carta in 1215 England. Skousen articulates that for a society to maintain freedom, it must adhere to laws that are clear, public, and stable, thus protecting individuals from arbitrary governance.
Historical Context and Philosophical Roots
Skousen traces this principle back to the writings of John Locke and the influence of English common law on the American Founders. The idea that laws should govern rather than men was critical in shaping the U.S. Constitution. The founders were wary of tyranny and anarchy, two extremes where rule by law could mitigate both. They believed that a government of laws, not men, would prevent the concentration of power in the hands of a few, thereby safeguarding liberty.
- John Adams famously remarked, “We are a government of laws, not of men,” reflecting this principle in the early American context.
Practical Implications for Governance
In practice, this principle means that:
- Laws Must Be Public and Accessible: Everyone should have access to the laws that govern them to ensure no one is above the law.
- Stability and Predictability: Laws should not change capriciously but should have a degree of permanence to provide stability in society.
- Judicial Independence: Courts must operate independently to interpret and apply laws without interference from the legislative or executive branches, as highlighted by Alexander Hamilton in the Federalist Papers.
- Checks and Balances: The separation of powers ensures that no single branch can act unilaterally, which directly supports the governance by law rather than by individual whim.
Modern Relevance
Today, this principle remains vital in debates over judicial activism, legislative overreach, and executive orders. It is invoked when discussing the legality of government actions, the protection of civil liberties, and the importance of a transparent legal system.
- The U.S. Constitution itself is designed to be a document of laws, not men, with mechanisms like judicial review to uphold this principle.
- Contemporary cases where this principle is debated often involve the balance between security measures and civil liberties, or the extent to which executive orders can bypass legislative processes.
Criticisms and Challenges
Critics might argue that this principle can sometimes lead to inflexibility in law, potentially not adapting to new societal needs or emergencies. Others might point out that human judgment is always involved in lawmaking and interpretation, suggesting that governance can never be entirely free from the influence of ‘whims of men.’ However, Skousen counters this by emphasizing the need for virtuous leaders and an educated populace to interpret and amend laws wisely.
Conclusion
The 22nd principle from “The 5000 Year Leap” by W. Cleon Skousen remains a beacon for those advocating for a society where freedom thrives under the governance of law. It serves as a reminder of the delicate balance required to maintain liberty while ensuring justice and order. This principle not only reflects the intentions of America’s founders but also provides a continuous guide for modern governance, urging societies to uphold laws over the unpredictable nature of human whims.
References:
- Skousen, W. Cleon. “The 5000 Year Leap: A Miracle That Changed The World.” National Center for Constitutional Studies, 1981.