In my own opinion and experience, the American Judiciary has become the most totalitarian of all American institutions: it backs up the mindless abuse of police power on the one hand, but inflicts a totally separate kind of violence on the conscience by its twisted and perverted, the only adequate phrase is “arbitrary and capricious” application of the law—especially the fundamental law of American rights and freedom as embodied in the Bill of Rights and in particular the “due process” clauses of the Fifth and Fourteenth Amendments. I came across this article (below) on the web, which I have merely extracted the most congenial quotes here, but I fundamentally agree with this author that (1) the courts are the worst aspect of the American Government today, (2) the courts foster a lack of respect for law, and (3) this disrespect is enabling the rapid evolution of a totalitarian society. I would add that the arbitrary and capricious nature of the application of due process in the courts today means that subjecting ANYONE to the court system, “INVOKING THE LAW” is itself a form of violence and oppression—in which the victor is ALWAYS the stronger party, the better-financed party, the party that can “out last all the rest”—the last one standing wins—there is no hint of “justice” or “fairness” or protection for the poor and weak in our modern American judicial system—just a reality that you can wipe your opponents out physically (i.e. financially) without any “physical” violence at all—and that “it’s an unjust world and virtue is triumphant only in theatrical performances.”
I also agree with this author (at http://www.anesi.com) that the term “Fascism” is wildly overused and overapplied (see especially Aaron Russo’s movie “From Freedom to Fascism” which essentially says that America is becoming more “Fascistic” because of the implementation of a monetary policy [based on the Federal Reserve Bank, the Income Tax, and Social Security/Welfare] which is 100% socialist in its origin and whose kinship to 20th century authoritarianism is more like Soviet Communism than Central European Fascism). But the point that bad government is tending towards authoritarianism is well-taken. We need to know our history and make our references precise in order to make meaningful use of historical analogy in our arguments.
The major impediment to maintaining public order in the United States at this time (2008) is the judiciary, …. A re-assessment of the [the way the American courts apply or do not apply due process of law] needs to be undertaken before a crisis exposes their weakness.
Law is Violence, and Use it Sparingly
Amateur commentators on fascism (Wolf, Britt, Eco et al.) fail to see that fascists did most of their work using the state’s monopoly on “legitimate” violence with nearly universal popular approbation. This included passing laws that controlled the most trivial aspects of human behavior, backed up by the traditional apparatus of police, courts, and prisons. In many cases considerable procedural due process existed, most notably in Italy, where the judicial machinery was largely untouched. But of course procedural due process used to enforce an unjust law does not yield justice.
The point here is this: if you think you are better than a fascist because you are passing laws to control people’s behavior in trivial and oppressive ways, instead of beating people up, well, you are wrong. The fascists did exactly the same thing. In fact, you are worse than a fascist, because you are too cowardly to do the dirty work yourself, and want to leave it to the police and the courts.
So unless you would be willing personally to use physical violence to enforce a law, knowing that you might be severely injured or killed while doing so, you have no business making such a law, and will only bring contempt upon yourself and the legislature if you do so. This of course is one reason the U.S. House and Senate are held in such low esteem – they are seen, with some accuracy, as a collection of ignorant, cowardly windbags hiding behind the state’s monopoly on violence.