Thomas Paines Warning and the Modern Erosion of Constitutional Governance
In 1776, Thomas Paine penned a fiery defense of the American Revolution in Common Sense, declaring: But where, say some, is the King of America? I will tell you, friend, he reigns above, and doth not make havoc of mankind like the Royal Brute of Britain… For in America, THE LAW IS KING. – adapted
Paines words were a direct rebuke of arbitrary rule – the Rule of Man – where power flows from the whims of a monarch (or, today, political strongmen) rather than from impartial, codified law. His ideal was clear: In a free society, no person is above the law.
Yet nearly 250 years later, the tension between the Rule of Law and the Rule of Man persists, especially in local politics, where personal loyalties, backroom deals, and selective enforcement often undermine the principles of equal justice.
How Local Politics Distorts the Balance
- Selective Enforcement
- Regressive real-estate tax assessments, employee favoritism and discrimination are applied, benefiting the well-connected.
- Law is applied unequally, creating systemic advantages for some while burdening others.
- Cult of Personality
- Public officials who govern by decree, treating government as an extension of their will rather than a system of checks and balances.
- Loyalty tests for official appointments , Jobs and raises for employees.
- Erosion of Institutions
- Independent boards (Planning, Budgeting etc.) stacked with partisan allies.
- Transparency laws ignored when inconvenient.
- Law enforcement discretion wielded as a tool of favoritism or harassment.
Why It Matters
When the law bends to individuals rather than the other way around, trust collapses. Citizens begin to see government as a rigged game. One where outcomes depend not on fairness, but on who you know and side with. Paines vision of “the law as king” gives way to a modern feudal system of patronage and punishment.
Fighting Back
- Demand transparency in decision-making.
- Support independent oversight (free press, unfettered speech on social media).
- Vote for candidates who respect institutional limits, not just personal power or clique mentality.
Paines warning echoes: When men replace laws as sovereign, liberty suffocates. The question is whether we will heed it or let local politics continue to be run by whatever “side” is the king of clout.