Karen Celestino-Horseman: The Rule of Law is what makes America great

Supreme Court Justice Anthony M. Kennedy observed, “The term Rule of Law is often invoked yet seldom defined.” That is because the term is actually a concept that requires many different cogs and wheels to fully operate. The American Bar Association recently stated that “The Rule of Law is a set of principles, or ideals for ensuring an orderly and just society.” So how do we ensure an orderly or just society?

Supreme Court Justice Sandra Day O’Connor believed “the Rule of Law requires that legal rules be publicly known, consistently enforced and even-handedly applied.” The Indiana Code of Judicial Conduct informs us that “[t]he United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society.” Another aspect of The Rule of Law, according to the World Justice Project, is that the Rule of Law requires open government, i.e., “The processes by which the law is adopted, administered, adjudicated, and enforced are accessible, fair, and efficient.”

Supporting our aspiration to follow the Rule of Law, the United States has a tripartite form of government consisting of three branches: the executive branch, the legislative branch and the judicial branch. The legislative branch passes the law, the judiciary branch interprets the law, and the executive branch enforces the law while overseeing day-to-day administration of the government. Our Founding Fathers believed that one of the greatest dangers facing America is the concentration of power within one office or branch of government.

Today, the challenge being made by the executive branch to the judicial branch is unlike anything this country has experienced before, as the executive branch refuses to recognize that it is the role of the courts to interpret the law. This has been demonstrated by President Trump’s use of the Alien Enemies Act to deport undocumented persons. We have discovered that persons who were here legally in the United States were deported without due process on the grounds that they belonged to gangs and thus were alien enemies.

While few would support allowing undocumented gang members committing crimes to remain in the United States (myself included), as an officer of the court, I must condemn the lack of due process. As we have discovered, persons who are legal residents have been deported. To support his actions, Trump presented a photo of one such individual bearing a tattoo that allegedly represents MS-13. It turns out, the tattoo had been photoshopped.

If this man had been given due process, a court would have been presented with evidence of the legitimacy of the man’s presence in the United States and would have heard evidence regarding whether the man was an active member of MS-13. Because this was not done, he was deported. How many others in similar circumstances have been deported remains unknown.

What much of America does not understand is that if the government can seize this man under these circumstances, there is nothing to stop the government from doing the same to U.S. citizens under some other law.

The Rule of Law is among the deepest-running constructs upholding our country, and it in turn is upheld by the shoulders of our tripartite government. As long as the courts continue to stand fast, the Rule of Law will continue to remain part of America for generations to come.•

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Celestino-Horseman is an Indianapolis attorney. Send comments to [email protected].

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