“Elementary school students learn that American
government is divided into three branches: executive, legislative and judicial.
Our nation's founders, having studied history and the tendency of countries to
fall into the dangers of rule by a small elite or single individual, meant for
that tripartite division to create a system of ‘checks and balances’ to ensure
that no branch gained the upper hand over any other.
“They were particularly
zealous to prevent the rise in the newly independent United States of the same
kind of aristocratic regimes that plagued Europe and plunged it into centuries
of bloody wars. After three months in office, we are learning that
Bruce Rauner appears to reject this common-sense approach to civil government
and democracy. He appears to support a system that centers all of government's
power into his own office as is done under more authoritarian systems.
“Rauner recently told The Daily Herald's editorial
board that he didn't ‘trust the [Illinois] Supreme Court to be rational in
their decisions’ and declared that the justices were part of a ‘corrupt system.’
Rauner is aggrieved that lower courts have not ruled the way he prefers on the
constitutionality of a law that would diminish state workers' pensions, and he
appears fearful the state's high court will strike down the law.
“The fact is, Illinois has an excellent Supreme
Court. The seven justices, men and women duly elected by their fellow citizens
(as was Rauner), have had long and distinguished careers. Justices serve
10-year terms, more than twice the length of the governor's term, because the
Constitution's framers sought to insulate them from the whimsical winds of
politics.
“It is outrageous, irresponsible and anti-democratic
for Rauner to smear them, claim they are dishonest for doing their duty to the
constitutions and laws of the United States and Illinois, and to offer no proof
or support for his incredibly reckless and dangerous allegations. That Rauner
condemns our courts' elected judges for upholding the most sacred principle of
representative government, fidelity to the rule of law, is disturbing.
“It is beyond hypocritical that a man who set a
campaign spending record of $65 million, $27 million of his personal fortune
and tens of millions more from fellow millionaires and billionaires,
sanctimoniously and ironically condemns as corrupt others who raise funds to
run for office.
“American government was intentionally designed to
operate as a collaborative and cooperative endeavor when it comes to the
crafting, passage, approval and judicial review of laws. We purposefully do not
have a CEO in charge that makes all the decisions and expects his subordinates
to carry them out or suffer the consequences. The stakes are simply too high to
entrust the entirety of our government to the wisdom, or lack thereof, of one
person.
“To paraphrase the philosopher George Santayana, ‘those
who cannot learn from history are doomed to repeat it.’ Amidst our state's many
challenges, the last thing we can afford is a demagogue governor who believes
that ‘my way or the highway’ is how democracy works.”
John D. Cooney
is president of the Illinois Trial Lawyers Association.
For the original article at the Daily Herald, click here.
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