Safeguarding America: Why the Rule of Law Protects Nonprofits and Us All – Charity Lawyer Blog

When I first moved into my current office, I was alarmed at the rhetoric coming from political extremists. The logical conclusion of their ideas struck me as anti-American and against our constitution. During that time, I started keeping pocket constitutions at the front desk for clients, employees, delivery people, anyone who wanted to take one. It felt more important than ever to educate people about this glorious document that has sustained our way of life for centuries.

The United States Constitution establishes a system of checks and balances among the three co-equal branches of government: the Executive, the Legislative, and the Judicial. This framework is designed to prevent any single branch from accumulating excessive power, ensuring that each branch can limit the others and maintain a balance that protects individual rights by upholding democratic principles.

The Erosion of American Democracy: Why It Matters to You

Recent actions by the Trump administration have intensified concerns about the erosion of this system. The administration has signaled a willingness to ignore or circumvent court orders that impede its agenda, challenging the constitutional limits of governmental power. President Trump has suggested that he possesses the authority to bypass spending levels and eliminate agencies established by Congress—moves that undermine legislative authority.

In addition, key officials within the administration, including Vice President J.D. Vance and influential ally Elon Musk, have openly criticized judges who oppose their policies. Musk has even suggested impeaching judges who interfere with executive actions, while Vance has proposed replacing federal bureaucrats with loyalists indifferent to court rulings.

These developments fundamentally challenge the principle of checks and balances. The Legislative Branch enacts laws, the Executive Branch enforces them, and the Judicial Branch interprets them. When one branch disregards the authority of the others, it disrupts this delicate balance, leading to unchecked power.

When the System Breaks: The Threat to Our Freedom

When the Executive Branch refuses to recognize the authority of the co-equal branches, it constitutes a constitutional crisis. A constitutional crisis arises when the system of governance cannot resolve disputes using its own rules and the rule of law is no longer respected. Such crises test the resilience of democratic institutions and, if left unchecked, can lead to authoritarian rule.

The Real-World Consequences: Why You Should Care

The erosion of checks and balances can pave the way for authoritarianism, where power is centralized, dissent is suppressed, and democratic institutions are weakened. By undermining the mechanisms that allow for the redress of grievances, individuals who currently benefit from this concentration of power may find themselves without recourse when they are aggrieved in the future.

When the legal system breaks down and people lose faith in its ability to provide justice, communities are more likely to succumb to violence. History has shown that when citizens believe that the courts and legislative bodies no longer function to protect their rights, they often turn to self-help measures, civil unrest, and even insurrection. The absence of a functioning judicial and legislative process leaves people with no peaceful avenues to resolve disputes, creating fertile ground for political violence and instability.

The Importance of the Rule of Law

The rule of law is the foundation of a free and just society. It ensures that all individuals—regardless of wealth, status, or political affiliation—are subject to the same legal protections and obligations. Our civil rights, property rights, and personal freedoms depend on a legal system that applies laws fairly and consistently. If certain groups are allowed to operate above the law while others face selective enforcement or repression, the system breaks down. History has shown that when the rule of law is compromised, no one is truly safe. Today’s beneficiary of unchecked power can become tomorrow’s victim when the political tides shift. If we do not demand equal protection under the law for everyone, we risk a future where no one is protected.

A Warning from Our Founders

The Founding Fathers designed the system of checks and balances to prevent such a concentration of power. James Madison, in Federalist No. 51, emphasized the need for each branch to have the means and the constitutional control to resist encroachments by the others. Disregarding this system not only threatens individual liberties but also endangers the democratic framework that has sustained the United States for centuries.

While the allure of unchecked power may be tempting, it is imperative to uphold constitutional principles. Failing to do so risks descending into authoritarianism, where the absence of mechanisms to address grievances leads to the suppression of freedoms and the dismantling of democracy. Worse yet, when legal recourse disappears, history warns us that communities will inevitably resort to violence to seek justice—at which point, democracy itself may no longer be salvageable.

What YOU Can Do to Protect America

This is not the time to shy away from politics. If you care about your family’s future, your freedoms, and the America we all love, you must take action now. If we allow one branch of government to accumulate unchecked power, we risk losing the very liberties that define us as a nation. America is not just a place; it’s an idea—one that thrives only when its people stand up to defend it. We cannot afford complacency. If we want to preserve America as the land of the free and the home of the brave, we must be willing to engage, speak out, and fight for the values that make our country great.

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The question is no longer if the constitutional system is at risk—it’s how much longer it can endure these ongoing challenges.

Ellis Carter is a nonprofit lawyer with Caritas Law Group, P.C., licensed to practice in Washington and Arizona. Ellis advises nonprofit and socially responsible businesses on federal tax and fundraising regulations nationwide. Ellis also advises donors concerning major gifts. To schedule a consultation with Ellis, call 602-456-0071 or email us through our contact form.