That approach to the rule of law is, apparently, not in the mainstream of political and legal thought nowadays.
For example, recently the new dean of the University School of Law at Berkeley, California, Erwin Chemerinsky, promoted by his school as a "thought leader" and a "living legend—a person who exemplifies the very best that the field of law has to offer: brilliant, warm-hearted, thoughtful, open-minded, and deeply engaged in the culture of public service", file an amicus brief with the U.S. Supreme Court challenging constitutionality of Presidential pardon to Joe Arpaio.
Erwin Chemerinsky is a somewhat of a notorious figure.
- He was a paid lecturer of BarBri while remaining a professor and/or a dean of various law schools, while BarBri was sued for engaging in anticompetitive activity and underhanded tactics in driving its cheaper and better rivals out of business, thus undermining the quality of legal education and, ultimately, the quality of lawyers for us, the public and consumers of legal services;
- He opposed the recall of judge Persky who sentenced an athlete from his own alma mater to 6 months in jail (3 months for good behavior) for non-consensual sex with an unconscious woman - and the conflict of interest for Chemerinsky, an attorney licensed to practice law in California, supporting a judge against public outrage, while the judicial branch regulates and controls Chemerinsky's own law license and livelihood, is clear;
- In 2016, Chemerinsky not only represented a judge who was disqualified out of several cases through the use of a peremptory challenge by prosecutors, and not only argued that an absolute right to a peremptory challenge of a judge by a party is not absolute and has some kind of constituional limitations (while representing a judge who is not a party in a criminal proceedings and has no say in the matter), but also called for a federal investigation of prosecutors against whom his powerful client (a client who belonged to the branch of the government regulating Chemerinsky's own law license) belonged.
I do not know how "warm-hearted" Erwin Chemerinsky is, but I do know criminal law, and I have a funny feeling that Erwin Chemerinsky had no clue what he was writing about, and wrote to justify his ultimate politically sought conclusion - that the pardon is unconstitutional.
In his amicus brief regarding the supposed unconstitutionality of Arpaio's presidential pardon, Chemerinsky follows and attempts to encourage the latest dangerous trend of identity politics in law where the identity of the party defines what rights that party is given, or not given by courts.
Enforces the U.S. Constitution and statutes enacted by the U.S. Congress through powers provided to the President under Article II of the U.S. Constitution
Enacts laws within its Article I authority and in compliance with the U.S. Constitution, after consulting with their constituents – VOTERS, citizens of the U.S., not immigrants and not illegal aliens
Resolve individual disputes between parties based on the U.S. Constitution and statutes enacted by the U.S. Congress
I am certainly not the only and not the first critic of Professor Chemerinsky's amicus brief regarding Arpaio's pardon, but, judging by the fairly bland criticism that I have read of the Chemerinsky's amicus brief, critics do not dare to go deep enough into the dangers of a celebrated supposed legal scholar going amok with a result-oriented attempt to influence federal judges with claims that are incompetent albeit pushed by a team of attorneys,
Larry A. Hammond (who boasts in his advertisement his involvement in "high profile criminal defense cases while demonstrating in the amicus brief a lack of knowledge of the most basic principles of criminal law)
and Josh Bendor,
both of whom have a long history of federal judicial clerkships, which takes away any excuses that their deliberate manipulation of the court with incompetent claims is anything but deliberate.
- That proceedings against Joe Arpaio where the President granted his pardon were not criminal proceedings;
- That the notion of "criminal offense" does not equal a "misdemeanor" or a "felony";
- That federal courts must provide a remedy in each case where a public official violates people's constitutional rights;
- That there is no such thing as federal common law;
- That interpretation of Old English common law going back to the 13th century is not only a valid source for interpretation of the U.S. Constitutien, but should apparently take precedence over the text of the U.S. Constitution and its legislative history;
- that THIS presidential pardon (somehow apart from all others) is unconstitutional because it encroaches upon judicial independence (even though such a mode of "encroachment" is written into the text of the U.S. Constitution all judges, Sheriff Arpaio, President Trump, Dean Chemerinsky and his two attorneys have sworn to uphold).