The term arbitrary describes a course of action or a decision that is not based on reason or judgment but on personal will or discretion without regard to rules or standards. An arbitrary decision is one made without regard for the facts and circumstances presented, and it connotes a disregard of the evidence. In many instances, the term implies an element of bad faith, and it may be used synonymously with tyrannical or despotic.
Despots have always applied arbitrary law. It is critical for a despot that they not be held to rules or standards. We saw Despot Obama apply this same concept in his Executive Order dealing with immigration. Two dozen times he stated the executive did not have the power to do what he did under the Constitution. Then he went ahead and did it like any despot would.
“Rule of law” is the opposite of “arbitrary law”. “Rule of law” is the concept or principle applied in free societies. “Rule of law” is despised by despots and tyrants. “Rule of law” also requires that all are treated the same.
Rule of law is a system in which the following four universal principles are upheld:
The government and its officials and agents as well as individuals and private entities are accountable under the law.
The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.
The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
This is the law of the land, passed by both houses of the legislative branch of government and signed by the President, as the Constitution requires.
“Whoever, being entrusted with… any document relating to the national defense… through gross negligence permits the same to be removed from its proper place of custody… shall be fined under this title or imprisoned not more than ten years, or both.” (18 U.S.C., section 793-f)
This is law is clear and publicized. However, it is not applied evenly. People, including General Petraeus, have been prosecuted, found guilty, and punished. Notice, in this law, there is no mention of intent, only the action of gross negligence, to have violated the law.
James Comey, Director of the FBI, declared Tuesday that Hillary Clinton was “extremely careless” in her handling of very sensitive and highly classified information on her unauthorized and unsecured email server while serving as Secretary of State. Gross negligence and extremely careless are considered by legal scholars to be synonymous. Yet Comey, said he would not recommend prosecution. Comey practiced arbitrary law and did not adhere to “rule of law.” Comey violated the Constitution of the United States, just as have Roberts, and Obama.