Smiley Must Follow the Rule of Law - Michael English, Guest MINDSETTER™

Smiley Must Follow the Rule of Law - Michael English, Guest MINDSETTER™

Few principles are as fundamental to our system of governance as the rule of law. It forms the very basis of public trust and the orderly function of our society. This principle is applicable to every citizen and is especially critical for those entrusted with public office, such as our Mayor here in Providence.

Upon taking office, the Mayor, like all public officials, solemnly swears to uphold the Constitution, the laws of our state and nation, and the charter and ordinances of our city. This is a serious commitment, signifying that all actions, policies, and decisions will be rooted in and guided by the law, rather than personal opinions or political convenience.

Adherence to the rule of law provides predictability, fairness, and accountability. It protects against arbitrary governance and safeguards the rights of all residents. When our leaders respect and abide by the law, it strengthens confidence in our institutions and reinforces the understanding that we are a community governed by established principles, not individual whims.

It is important to remember that the Mayor of Providence, along with all public officials in the United States, is obligated to uphold the rule of law, encompassing federal, state, and local laws. This obligation is rooted in several key aspects:

*   Oath of Office: The oath typically taken by mayors upon assuming office includes a pledge to support the U.S. Constitution, the constitution and laws of their state, and the city's charter and ordinances. This creates a clear legal and ethical responsibility to uphold all applicable laws.

*   Rule of Law: The foundational principle of the U.S. legal system is that everyone, including government officials, is subject to and accountable under the law. No one is above the law, and officials cannot selectively choose which laws to follow or enforce based on personal preference.

*   Separation of Powers: While the Mayor serves as the city's chief executive, legislative bodies (City Council, State Legislature, U.S. Congress) create laws, and the judiciary interprets them. The executive branch's role is to enforce these established laws.

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*   Legal Consequences: Disregarding or violating federal or state law can lead to legal challenges, lawsuits, and potential removal from office or other penalties.

While a mayor can advocate for changes to laws through the legislative process or challenge laws believed to be unconstitutional in court, they do not have the authority to unilaterally ignore or refuse to enforce laws simply because of disagreement. Such actions would undermine the legal framework and the principles of democratic governance.

This obligation is further reinforced by:

*   Supremacy Clause: The U.S. Constitution's Supremacy Clause (Article VI, Clause 2) establishes that the Constitution, federal laws made in accordance with it, and treaties are the supreme law of the land, meaning state and local laws cannot conflict with federal law.

*   State Law and City Charter: The Mayor's powers and duties are defined by the Providence Home Rule Charter, city ordinances, and Rhode Island state law, all of which require the Mayor to act in accordance with them.

*   Rule of Law: Allowing a mayor to selectively enforce or ignore laws based on personal preference would undermine this core democratic principle and could lead to arbitrary governance.

*   Checks and Balances: The system of checks and balances within the government ensures that if a mayor acts unlawfully, their actions can be challenged in court. The City Council also provides a check on the Mayor's executive power.

If a Mayor disagrees with a law, their available actions include:

*   Advocating for Change: Using their platform to voice concerns about laws and advocate for their repeal or amendment at the city, state, or federal level through the legislative process.

*   Challenging Legality: Directing the city's legal department to challenge a law in court if there is a belief that it infringes on the city's rights or is unconstitutional.

*   Prioritizing Enforcement (within legal bounds): Directing city resources and enforcement priorities within the legal limits, but this cannot equate to disregarding laws.

*   Issuing Executive Orders (consistent with law): Issuing orders related to city administration and policy, provided these orders comply with existing laws.

Therefore, the Mayor of Providence is legally and ethically required to uphold all applicable state and federal laws, regardless of personal agreement. While working to change laws through appropriate legal and political channels is permissible, arbitrarily deciding which laws to follow is not.

It is crucial that our Mayor consistently demonstrates a firm commitment to upholding all applicable state and federal laws. This is fundamental to the integrity of the office and essential for the continued well-being and just governance of our city. As citizens, our expectation should be nothing less.

 

Michael English, D.Min., MBA, is a Providence, Rhode Island, resident.