"Classical liberalism's highest political ideal was "the rule of law." By this they understood that the law must be general in its application and forward-looking, not punishing anyone for conduct that was not unlawful at the time the conduct occurred; it must be clear, well-known, and stable; and it must apply equally to everyone, including government officials.
The current legal regime in the USA deviates drastically from the rule of law. In its place, today's regime puts mere legality. The "laws" now are often not general in their application; they sometimes punish people retroactively for conduct that was lawful when carried out; they are often incomprehensible, even to lawyers, sometimes not only unknown but formulated and applied in secret proceedings; and, most of all, they certainly do not apply equally to everyone, because government officials in general are not held to the same legal standards to which others are held.
To say that the USA today adheres to the rule of law is to mock the ideals and efforts to which many generations of classical liberals devoted themselves, sometimes at great personal risk and sacrifice."
Robert Higgs
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