Crime
There is a concept in psychology called moral self-enhancement. It is the observation that people generally consider themselves morally above average. This, of course, is impossible for at least half of people. To have average, you must have below average. Interestingly, criminals also think of themselves as morally superior. In one study, even violent criminals surveyed in prison rated themselves above average on every pro-social trait except law-abidingness, on which they rated themselves as average. That’s right, while sitting in prison, criminals rated themselves average on law-abidingness.
Justice
The first written record of the word justice dates from the year 1137. An entry of the Anglo-Saxon Chronicle, attributed to “A Monk of Peterborough,” explains that the King of England arrested three nobles suspected of treason, then released and forgave them when they paid him homage. After the King released them, the traitors double-crossed him, taking advantage of his failure to punish them. The Chronicle reports, “Tha the suikes undergaeton that he milde man was and softe and god and na justice ne dide, tha diden hi alle wunder,” which means, “When the traitors perceived that he [i.e. the King] was a mild man and soft and good, and enforced no justice, then they all did wonder.”
Separation of powers
There is currently no Speaker of the U.S. House of Representatives. Last week, the House voted to vacate the chair, thereby removing Speaker Kevin McCarthy. Following the September 11 terrorist attacks, the House enacted a rule to create a list of Speakers Pro Tempore to preside if the Speaker’s post is empty. When adopted, the rule contemplated a Speaker’s death, not a vote to remove the Speaker with no replacement. Such a vote had never happened in the nation’s history until last week. Perhaps because of this, the rule is light on specifics. It simply says that the Speaker Pro Tempore “shall act as Speaker Pro Tempore until the election of a Speaker.” So, what power does the Speaker Pro Tempore have? Representative Patrick McHenry, whose name was listed as the first Speaker Pro Tempore, asserts that his only power is to preside over the next Speaker’s election. Some argue that his powers should include all the powers of the regular Speaker until a new Speaker is elected. The U.S. Constitution in Article 1, Section 5 says simply that “Each House may determine the Rules of its Proceedings.” This lack of clarity throws the separation of powers into stark relief. Important decisions still have to be made, even if there is no formal Speaker. Most people will not have the restraint shown by Representative McHenry in eschewing power. Instead, we are likely to see an assertion of authority by the executive branch. The Supreme Court may also have to weigh in at some point. The better path, of course, would be for the lower chamber to get it’s house in order, so to speak, and rebalance power.