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To say that in a planned society the Rule of Law cannot hold is,
therefore, not to say that the actions of the government will not be
legal or that such a society will necessarily be lawless. It means only
that the use of the government’s coercive powers will no longer be
limited and determined by pre-established rules. The law can, and to
make a central direction of economic activity possible must, legalize
what to all intents and purposes remains arbitrary action. If the law
says that such a board or authority may do what it pleases, anything
that board or authority does is legal – but its actions are certainly
not subject to the Rule of Law. – F.A. Hayek, The Road to Serfdom.
Health Choices Commissioner, “pay czars”, the Kelo decision, bail outs! To this layperson ... . [A Planned Society and the Rule of Law]
The greatest danger posed in the trial of Khalid Sheikh Mohammed
(KSM) isn’t that he will go free. The greatest danger is that he will
be convicted and that during his appeals the courts will ratify all of
the extraordinary measures used to capture and convict him. The great
danger is that the courts will ratify the rough, inaccurate and
ambiguous norms of martial law as applying to all civil criminal
trials.
After a couple of decades of these court decisions reverberating
throughout the legal system, we could end up living under de facto
martial law. [How Obama is Bringing Martial Law to America]
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