Making the "rule of law" a god

In my state of Utah we have legislators who justify sponsoring and voting in favor of anti-immigration laws because of their respect and commitment to the "rule of law." Although I, too, understand and value the "rule of law" principle, I become very nervous when it is made a "god." Putting so much stock in man-made laws can be harmful and even dangerous. Looking at all the silly, dumb, and stupid, not to mention the unjust and even unconstitutional, laws that have not only been on the books, but still are, should make all of us more than a little leery of putting all our eggs in the rule of law basket when making decisions.

Will Legislators Get the Message?

Because of the LDS church's strict policy of political neutrality on all but what it considers to be an important moral issue, it would be wise to listen when the church chooses to speak.


Even though other churches in Utah had been taking a stand on 2008 Utah legislative bills in regards to immigration, many were hoping that the LDS church would also speak out because of the fact that it is the predominant religion in Utah. Those hoping and even praying for this were not only LDS people, but many non-LDS people as well.


Recently Elder Marlin Jensen did speak out at a symposium held on Wednesday night (2/13/08)at Westminster College. He emphasized at this symposium that he was not speaking solely for himself, but that he had been sent by the LDS First Presidency and was speaking on its behalf. It is extremely important to keep this in mind when considering his following statements:

• "slow down, step back and carefully study and assess the implications and human costs involved."


• "with decisions handing in the balance that have such significant consequences, I believe a more thoughtful...not to mention humane, approach is warranted."


• "immigration questions are questions dealing with God's children," and legislators should "measure twice before they cut."


• "The church's view of someone in undocumented status is akin, in a way, to a civil trespass," relating it to coming on someone's property uninvited. "There is nothing inherent or wrong about that status."

....and Elder Jensen's asking Utah lawmakers to consider proposed immigration legislation with a "spirit of compassion" and to use a more "thoughtful and factual, not to mention humane, approach" to the issues.

Elder Jensen also noted that immigration is not only a political issue but a moral and ethical one as well.

Elder Jensen's remarks came on the heels of a January 11th meeting that a group of lawmakers had held with LDS Apostle M. Russell Ballard and other LDS Church officials. Rep. David Litvack said, "The basic message was that we need to step back, not be so reactive, and let cooler heads prevail." Even though the LDS church remains neutral on the specific action that should be taken on immigration legislation the message was that lawmakers need to listen once again because the legislation could be disastrous for new arrivals, hard-working and generally law-abiding individuals who, like all of our ancestors, are in search of a better life, and make our state a better place.

It is also important to note that Elder M. Russell Ballard is a member of the Alliance for Unity which is a group of civic, business and religious leaders that has taken a strong stand against the bill that would repeal the current law that allows undocumented students to pay in-state tuition in Utah's colleges and universities. Dr. Alexander Morrison, the leader of this group and an emeritus LDS general authority, said, "We are concerned about not wanting to take away the American dream from these kids, and these kids had come to America as little youngsters, as 2-or3-year olds, many of them, and how can you blame the sins, if there be sins, of their parents on their shoulders?"

The Alliance as a group states, "In our view, making a college education unaffordable to students simply discourages them and will result in their making less than the best of their intelligence and talents."

Dave Ure, the former representative who sponsored this tuition law said that because Congress will eventually have to act on immigration, "it is very short-sighted to repeal this bill."

Taking into consideration all these statements, and especially the timing of them, seem to indicate that the church has some concerns about the direction of some current state immigration legislation. Therefore, it is quite disconcerting and heart breaking at how some legislators, especially LDS legislators, are rationalizing and justifying immigration bills on the table saying such things as:

• "We have taken a very cautious approach." Dave Clark
• "They're [church leaders] just asking us to be deliberate in our process. We are living up to that." Rep. Dave Clark
• "they [church leaders] really want us to remember the human element" when debating the illegal immigration issues. "I do not see anything in this comment that says do not respect the rule of law." "We need to be compassionate but also remember the rule of law."Senator John Valentine
• "I don't know if we are compassionate if we ignore the law." Rep. Glenn Donnelson
• "I don't think there's any lack of compassion. I don't think anyone is rushing to judgment." Senator Margaret Dayton

I am wondering as Michael Clara is when he says, "I'm just wondering why legislators don't get the message."

It also seems that putting aside all immigration proposals and instead supporting Senate Bill 97 being sponsored by Sen. Scott Jenkins that would create a bipartisan "immigration task force" would mesh well with what cool and calm heads are suggesting and advising. Duane Cardall in his Editorial on February 15, 2008 reminds us that this measure has received strong support from Utah's business, manufacturing, and agricultural communities as they realize the unintended negative effect much of the state-based immigration reform could have on the state's economy.

If legislators will rise above all the emotion and rhetoric, exercise some humility, and really take to heart the wise counsel that is being suggested from a variety of arenas, they can concentrate on more important matters and not waste time addressing immigration issues that Congress will need to eventually address...and once they are addressed could very well nullify anything the state now decides.

Let Mercy Season Justice

The following is a Co-ed that I submitted to the Salt Lake Tribune on December 21, 2007. Even though it's focus is on immigration, the principle is applicable to many education issues.

Someone said, “You can judge the greatness of a country by the number of people trying to get into it compared to the number trying to get out.” If this statement is true, then the United States is truly great when we consider that we not only have about 12 million illegal immigrants living here, but we also add about one million legal immigrants each year.

Our “spirit of hospitality” as Reverend John Webster, the bishop of the Roman Catholic Diocese of Salt Lake City, would describe it is one contributor to the greatness of the United States. We understand that we have been given much in this land of opportunity, and we have been generous in our willingness to share that bounty.

Another contributor is that in spite of the fact that we have failed miserably throughout our history to live up to our ideals to treat each person with dignity, respect, and equity, the laws of this land still offer the greatest hope to combat the harmful effects of prejudice, discrimination, racism, and every other form of “ism.”

These attributes as well as others that contribute to America’s greatness also make responding to the immigration challenge that much more complex. Many are uncomfortable with proposals such as building longer and higher border fences and/or increasing illegal immigration raids because they are contrary to America’s “spirit of hospitality.”

Yet, this quiet, compassionate “spirit of hospitality”: voice is being drowned out with the deafening shouting words, “We must adhere to the ‘rule of law’.” It has left good and honest United States citizens in a quandary as they question if there is any possible way to reconcile these two conflicting voices. I would argue that not only can the two be reconciled, but they must be if America is to retain its greatness.

For this reconciliation to occur, there are some facts we must understand about the “rule of law.” First, “rule of law” is a principle that subjects the actions of both the government and the citizens to the law. Second, abiding by a “rule of law” prevents the “rule of men” which can lead to tyranny and abuse of power because of capricious whims.

Yet, an understanding of the “rule of law” is not sufficient. It must also be understood that law and justice are not synonyms. Although Abraham Lincoln was a staunch believer in the “rule of law,” it was he who also believed and taught aspiring lawyers that circumstances rather than the letter of the law should dictate the judgments of a case. He expressed this sentiment with the words, “I have always found that mercy bears richer fruits than strict justice.”

While law gives a society a set of important laws or rules to which to govern itself, equity and fairness allows for the subjective but necessary qualities of mercy and tolerance. One without the other is inadequate if justice is to occur. The scale of law and mercy must be balanced.

As we go forth to retain America’s greatness as we resolve the immigration issue, it would behoove all of to remember and employ the words Shakespeare uses in the Merchant of Venice, “And earthly power doth then show likest God’s when mercy seasons justice.”