and whether the public approves or disapproves is irrelevant. Black letter law, on the books, makes most of what the banks did leading up to the subprime crisis illegal. It was fraud. Black letter law makes the war on Iraq a war crime, and no one went to jail for that. Black letter law does not allow freestanding resisting arrest charges, and those happen all the time. Basic law states that an accused has a right to face their accuser and see the evidence against them, that no longer occurs in many cases. Basic justice says that you can’t punish someone without a trial, and the “no-fly list” indicates that is no longer true (along with being unable to face your accusers and see the evidence against you.) The US Congress retroactively made wiretapping without a warrant “legal” and if I have to explain why retroactive immunity is wrong I give up. Basic justice says that secret laws and secret courts are unjust, yet the US has plenty of both.
This is not just an issue with the US. During the G20 up here in Toronto the Ontario government used a SECRET LAW to strip civil liberties from anyone in the downtown Toronto core. Of course, it must be said that the public couldn’t give a shit, it was not an issue in the next election.
In Britain, after the riots, family members of those convicted of crimes were evicted from public housing. Collective punishment of family members is unjust
And, in most countries today, the rich and powerful are not even charged with crimes that their “lessers” regularly do jail time for.
It is done. It is over. The US is not a nation of laws, it is a nation of men, and the law does not treat everyone equally. You do not even have the right to a trial before punishment, to see the evidence against you or to face your accusers. And virtually every other nation in the so-called developed world is walking down the same road.