Note: This is the time of year to be generous to those in need, so if you are looking for a place to give, here is an option. Most certainly know the story, but for those who do not, here is the background.

A feature of a ruling elite in decline is that they no longer respect the rules they have in place to govern their own behavior. Every society has a ruling class and within that ruling class there is competition. Despite what the natural rights proponents argue, there is a natural desire for hierarchy. Some people want to be at the top, while others aim a bit lower. Humans will compete for positions on the status tree in every form of human organization.

That is why ruling elites need rules. These rules are about governing the natural competition that will exist inside the ruling class. These rules also govern how one can enter the ruling class and how one can be expelled. As is true of all human organizations, the first question every ruling class must answer is “who are we?” and the answer to that question is a set of rules that define who is in, how you get in and how you remain in the ruling class.

In a healthy ruling class, as with any healthy human organization, the rules are more of a state of mind than a written set of laws. The early Roman republic had rules and those rules were the spirit that animated the republic. Brutus did not have to be told the rules, with regards to his sons actions in the Tarquinian conspiracy. He stood and watched stoically as his sons were executed for their crimes against the republic, thus making Brutus the ever lasting symbol of republican virtue.

Over time of course, human nature takes over and people begin to nibble away at the spirit of those rules, which inevitably results in some sort of formal codification of the rules, if for nothing else than to make it easier to handle disputes. The spirit of the law gives way to the letter of the law and the enforcement of the rules by the people benefitting from the present interpretation of the rules. It is that last bit that leads to the final phase of every ruling elite.

When the rules are first written down, everyone agrees on the meaning of the text, but over time that comes into dispute. On the one hand, people at the lower end of the status tree seek advantage in any ambiguity. If they can get everyone to agree on some new meaning of a word or phrase, they can maybe arbitrage that ambiguity to their advantage and move up the status tree. On the other hand, the people at the top want to stay at the top, so they soon engage in the same practice.

The fact is, once the ruling elite begins to question their own rules, the ruling elite is dead in spirit, because there is no turning back from this phase. The reason is they no longer have a shared spirit of the rules. The written rules were an effort to recapture that spirit by throwing a net of words over the hole, but that inevitably leads to people looking for holes in the net. Outsiders use the holes to sneak into the elite and insiders use the holes to oust competitors from the elite.

We have a real world example of this happening. The House has dumped Donald Trump’s tax returns into the public. This is probably their final act of spite against Trump, as the Republicans take over next month. Spite is the correct word here. The reason for doing it is they hope something in it will embarrass Trump. This is a remarkable thing in that these people have obsessed over Trump for going on a decade and they have yet to learn that you cannot embarrass Donald Trump.

Putting that aside, it has been a rule in America since the 16th Amendment was passed that a citizen’s relationship with the federal state with regards to his taxes is a private matter, unless a dispute arises about taxes owed. At that point, the matter goes into a court where the necessary evidence is presented. The IRS does not distribute personal tax data and the individual is under no obligation to publish his tax data. In fact, anyone publishing someone’s tax data is breaking the law.

This issue of privacy with regards to tax data is mostly a ruling class privilege, but like all elite privileges, it has been turned into a moral principle. You see, the rich people gaming the tax system do not have to make this public because it is a sacred principle of America that your taxes remain private. Whether this is a good idea is debatable, but for over a century, everyone in power agreed it was a good idea. So much so they ran Nixon off for merely questioning it.

Now, the people releasing Trump’s tax data are not worried about this happening to them if Trump wins the White House in 2024. First of all, the key states have been fortified for democracy, so everyone knows the 2024 result. What they should be concerned with is someone in the system now using this new loophole to leverage their way up the ladder. Normalizing the release of private tax data is a high price to pay for exacting revenge against Trump.

That is the danger of exceptions. They have knock on effects that are not always easy to assess, but they also do something else. Normalizing this sort of gainsaying erodes trust in the rules. If every comma in the law is now up for interpretation, what is the point of having rules? History tells us that the answer to that question is a man on a horse choosing to cross a river. In other words, the rules based society collapses and something or someone replaces it.

In the fullness of time, the historians will look at the Trump business as an example of the steady decline of the American empire. Trump may be cast as the Gracchi brothers, not for what he did but for what he came to represent. The murder of Tiberius Gracchus normalized the use of violence by the elite in defense of power. The grotesque abuse of power by the regime to counter the populist surge represented by Trump has yet to go that far, but there is still time until the next “election.”

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