Part One.  Republic or Democracy?


The Webster-Merriam Dictionary defines the verb “corrupt” to mean:

: to cause (someone or something) to become dishonest, immoral, etc.

: to change (something) so that it is less pure or valuable

: to change (a book, computer file, etc.) from the correct or original form


In twenty-first century America our leaders consistently tout the United States as a “democracy”.  For example, in McCutcheon v. FEC, 134 S. Ct. 1434 (2014) a five to four majority of the Supreme Court, relying on the notion that the United States was a democracy, invalidated restrictions on the elite’s ability to spend money to elect a legislature of similarly minded people.  In like fashion, our most recent presidents (of both parties, Bush and Obama) have extolled to the world, all nations and and their leaders, the benefit of “democracies”; where “the people” can govern themselves.

Have our government officials forgotten?  The United States is not and was never intended by its framers to be a democracy.

Although, it is no longer routinely recited, many of us who grew up in the fifties and sixties recall reciting the “pledge of allegiance” with our arms held across our torsos and our hands held over our hearts.  Remember the words?  “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”

A democracy means “rule of the people”.  A republic emphasizes the “rule of law”.  Why do our leaders today attempt to “abbreviate” the deliberate intention of our founders to create a constitutional “republic” into the mistaken notion they intended to create a democracy?

My observations lead me to the judgment it is precisely because those in power no longer want to be constrained by the rule of law that they want to assert the power should lie in the people.  This elevates the power of the elites which have the resources to control, i.e. persuade, the people who have now been made poor.

Those who keep their eyes on the “rule of law” will not miss its violation by even the most powerful.  Those who follow the “public will” as manifested by a democratic government, controlled by elites, may casually accept a “too big to jail” rationalization for allowing some not to follow the law.  But there should be no mistake that such a decision comes at a cost to our republic.

The nation that once held presidents were not above the law; now bows down to bankers.  Does the loss of the rule of law today stem directly from the fact that neither Obama nor Holder experienced the “rule of law” that most of the middle class did when I grew up?  Having grown up in a racist world that afforded them little, if any, protection of law it is perhaps understandable why the Obama/Holder team so willingly sacrificed our rights to be governed by the rule of law.

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Republic or Democracy?


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About Scott . Stafne

Mr. Stafne is very experienced in property rights, including banking wrongs and foreclosure prevention; Constitutional Law (under the United States and Washington State Constitution); Appellate law; land use law; personal injury law. Scott has recently become a media focal point as his win record of foreclosure defense cases against the largest financial institutions, servicers, trustees as well as MERS have blazed the trail toward ending the foreclosure crisis and representing the rights of the homeowner above the profits and secret dealings of corporations.   Scott sees law as a foundation for establishing a system of twenty first century liberties for the people; and for removing that corruption of power within our government which makes the achievement of real purpose beholden to only money.   Scott Stafne has been an attorney since graduating from the University of Iowa in 1974. He worked for a large law firm in Indianapolis (Baker & Daniels) for two years. Thereafter, he moved to Seattle Washington in order to obtain a Masters of Law degree from the University of Washington, which he obtained in 1977. Scott practiced law while going to graduate school and has practiced ever since.   This is a personal blog, and does not constitute legal advice in any form, and is not necessarily reflective of the policies or opinions of Stafne Law Firm. Visit the Law Firm: Visit the Google+ Page: Visit the Facebook Page:   *Web Developer: David J. Posel
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