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American Justice

The ruling of the Supreme Court of Colorado on the eligibility of Trump to participate in the ballot of the presidential election, demonstrates the outstanding competence of American Justice in drawing and negotiating the lines between political and legal elements in cases of major public concern. In this case the line is about the effect of the storming of Capitol, in protest to the last election result, on the right of Donald Trump to re-elect in office.

Presidential election is a political process about the election to the office of the President. It is not legislation process for the change of the rule, regulation, law or of the Constitution. The electoral right of the people is their political freedom to vote their preferred candidate. The election right of the candidates, is their political right to candidacy for service in office. This later right is subject to legitimacy. The candidate’s legitimacy is subject to the proposition for policy, which is political and the proposition for office, which is legal. The judgement of the proposition is political (by the voting people) and legal (by the judicial and the constitutional authorities, the Supreme Court and the Congress respectively, depending to the stage of election). For this judgement the (construction of the) propositions for policy and office, must be politically appealing (therefore eligible) and legally acceptable (therefore lawful).

For the United States and for the American candidates and voters, liberty is important, either way as political and legal issue. So is democracy and constitutional order. Liberty is very serious and contemporary issue not only in the U.S. but worldwide. The U.S. however is a leading liberal force so it is there that this matter is tested harder, legally and politically. The U.S. is also the leading power and liberty is all about the management of power. This is why the distinction between the two very different candidates, Joe Biden and Donald Trump could not be any sharper and this is why America keeps them, instead of other possible candidates, politically afloat. In order to resolve the particular issue of liberty at individual and collective level, in the election ballots, in the Courts and wherever possible else, (besides running the U.S. with the Congress and the administration, of course). Besides liberty the love of Americans for freedom is fundamentally and wisely, love for democracy (and respect for authority) as well. When the stakes rise, the voters see themselves in their candidates, to reflect. This is why their preference (in the management of power) is personal as well as public choice and why the election is a test for everybody, candidates, voters, authorities, liberty and democracy. Behind liberty, democracy and power there is also another issue in waiting for America and the world to address and this is equality. Behind equality there is another in waiting and this the relation between the individual and the common, the one and the many, the single and the multiple. This where the sequence just about ends and there, meaning here, America, the world and the issues are not static but dynamic in motion and so will remain and continue to be, either way. Obviously, the regulation of power and motion, is the thing. This regulation is political, legal, moral, social, technological, ecological and economic.

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