rule of law

When Fear Replaces the Rule of Law

A routine zoning vote in McKinney became a test of whether the Constitution still applies when a community makes us uneasy

Healthy debate is the oxygen of a free society. Without it, self-government withers into silence or spectacle. But there is a meaningful, and dangerous, difference between robust disagreement over policy and the deliberate conversion of a routine land-use decision into a referendum on an entire community of neighbors. What took place at this month’s McKinney City Council meeting crossed that line. It should trouble every person who still believes that ordered liberty is worth defending.

The question before the council was narrow and technical: whether a site plan for the expansion of facilities belonging to the McKinney Islamic Association complied with the city’s established development standards. The association has operated in McKinney for nearly three decades. Its members are physicians, engineers, educators, business owners, veterans, and first responders. 

They are not abstractions or recent arrivals. They live, work, raise children, pay taxes, and contribute in the same neighbourhoods as everyone else. The property had already been approved for religious use years earlier. The only remaining issue was compliance with objective rules that apply equally to churches, synagogues, mosques, and commercial developers.

A Vote That Should Have Been Routine

The council answered that question unanimously in the affirmative. That is how local government is supposed to function. Officials apply the same standards to every applicant, regardless of whose theology they find familiar or whose presence some residents find unsettling. When elected leaders begin substituting emotion, political pressure, or popular sentiment for those standards, the predictability that protects property rights and religious liberty erodes for everyone. Once that erosion starts, it rarely stops with the group currently under suspicion. The damage spreads. Trust frays. The quiet confidence that the rules will be applied fairly to the next applicant, whoever that applicant may be, begins to disappear.

What made the evening especially concerning was the willingness of some who identify as constitutional conservatives to urge officials to set the First Amendment aside for this particular community. The free exercise of religion is not a privilege granted only to faiths that poll well in a given precinct or election cycle. It is a structural limit on government power. 

The moment we treat it as optional, or as something that can be suspended when a particular group becomes unpopular, we have already surrendered the principle. The Constitution contains no exception clause for discomfort. It does not say “except when the neighbors make us uneasy.” It does not say “except when national politics make local suspicion convenient.” Those exceptions are inventions of the moment, and they are poison to the rule of law.

A Familiar and Dangerous Pattern

This is not a new temptation in American life. History offers repeated, painful warnings about what happens when majorities, or highly motivated minorities, decide that the ordinary rules of law should not apply with equal force to a disfavored group.

Religious Dissent in the Early Republic

In the colonial period and early republic, Baptists, Quakers, and other religious dissenters faced restrictions, fines, and occasional imprisonment in colonies that maintained established churches. Virginia’s experience was particularly formative. Thomas Jefferson and James Madison watched as the state’s established Anglican Church used civil power to disadvantage other believers. Their response was not to create a privileged position for their own preferred faiths, but to insist on a broader and more demanding principle: that government should neither establish religion nor prohibit the free exercise of religion. 

The Virginia Statute for Religious Freedom and, later, the First Amendment were born from the hard recognition that rights which exist only for the popular or the powerful are not rights at all. They are temporary permissions that evaporate the moment the political winds shift. That insight was purchased at real cost, in lost livelihoods, in fractured communities, in the quiet humiliation of citizens told that their conscience was a threat. We forget it at our peril.

The Know-Nothing Backlash

A century later, waves of Catholic immigration triggered a similar reaction. The Know-Nothing movement of the 1850s warned that Catholic loyalty to the Pope made American Catholics inherently untrustworthy citizens. Nativist riots, political exclusion, and discriminatory laws followed. The fear was real to those who felt it. The constitutional principle that should have constrained it was often set aside. 

Over time, the country absorbed large Catholic populations without the predicted collapse of republican government. The cost of the earlier panic, however, was real: damaged communities, eroded trust, and a temporary weakening of the very idea that American citizenship does not require conformity of conscience. We look back on that episode with embarrassment for a reason. The same dynamic is visible today whenever a community is treated as a collective threat rather than as individual neighbors governed by the same laws.

When Fear Overrode the Constitution

The Japanese American internment during World War II remains one of the clearest modern illustrations of fear overriding constitutional safeguards. After Pearl Harbor, roughly 120,000 people of Japanese ancestry, most of them American citizens, were forcibly removed from their homes and confined in camps. Families lost businesses, farms, and the ordinary dignity of living under a government that claimed to protect them. 

The Supreme Court, in Korematsu v. United States, deferred to claims of military necessity. Decades later, the country formally acknowledged the injustice and the profound failure of nerve it represented. The episode demonstrated how quickly wartime emotion and collective suspicion can override both due process and equal protection when a group is marked as inherently suspect. 

The constitutional text did not change between 1941 and 1945. What changed was the willingness of officials and the public to apply it evenly. That willingness is the only thing that ever truly protects the text. When it fails, the consequences outlast the crisis that excused the failure.

What McKinney Shares With That History

These examples are not identical to the present dispute in McKinney. No one is proposing mass internment or formal disenfranchisement. But the underlying dynamic is familiar and dangerous: a specific community becomes the focal point of broader anxieties about identity, security, and cultural change. 

Legitimate concerns about traffic, scale, or neighborhood character are real and should be addressed through ordinary planning processes. When those concerns are interwoven with claims that an entire religion is incompatible with American life, the conversation shifts from land use to collective suspicion. At that point, the rule of law risks being displaced by fear. And fear, once invited into the chamber, is a poor and permanent guest. 

Every tradition has its extremists. Christianity, Judaism, Islam, and secular ideologies all contain individuals and movements that distort their teachings into justifications for hatred or violence. Condemning those distortions is not optional; it is a civic and moral duty. But equating an entire community of peaceful, law-abiding neighbors with the worst actors who claim their faith is both intellectually dishonest and corrosive. 

It replaces evidence with caricature. It treats fellow citizens as permanent suspects rather than individuals who should be judged by their conduct. That habit of mind is incompatible with a free society. It is also corrosive to the character of those who practice it. Once we begin sorting our neighbors into categories of inherent trustworthiness and inherent threat, we have already abandoned the harder, more demanding work of judging people by what they actually do.

What Growth and Trust Require of Us

North Texas has grown at a remarkable pace. Growth brings change, and change brings friction. That is unavoidable. What is not inevitable is the decision to turn ordinary regulatory decisions into loyalty tests. Communities remain strong not because everyone shares the same beliefs, but because people of different beliefs still recognize one another’s equal claim to the protections of law and the ordinary decencies of civic life. 

When that recognition falters, the damage is not limited to the group under suspicion. Trust erodes more broadly. Neighbors begin viewing one another through the lens of tribe rather than shared citizenship. The social fabric frays. The very things that make this region attractive opportunity, stability, and a measure of mutual regard, begin to weaken. We do not have to invent new enemies to feel the loss. We only have to stop treating one another as neighbors first.

The Christian command to love one’s neighbor is not conditional on theological agreement. Neither is the American constitutional order. Both ask more of us than tribal affirmation. They require the harder, less glamorous work of applying the same rules even when the people seeking their benefit make us uncomfortable. 

That is the real test of whether we believe what we claim about limited government, equal protection, and religious liberty. It is easy to defend rights for people who look like us, worship like us, and vote like us. The measure of character is whether we defend those same rights when it is costly, when it costs us popularity, when it costs us the comfort of the crowd, when it costs us the temporary satisfaction of having identified a threat.

The Choice Still Ours to Make

Fear is a powerful political currency. It travels quickly, rewards those who amplify it, and rarely demands precision. It is also a poor long-term substitute for the rule of law. Once a community starts treating the Constitution as a selective tool rather than a binding constraint, the next group to find itself on the wrong side of popular sentiment may discover that the protections it once took for granted no longer apply with the same force. 

That outcome serves no one who values ordered liberty. It serves only those who prefer power to principle. Power without principle is a dangerous inheritance to leave our children.

The McKinney City Council ultimately did its duty by applying the standards before it. The larger question is whether the rest of us will do ours. Defending the principles that protect every house of worship and every neighbor, precisely when those principles are hardest to defend, is not a sign of weakness. It is the practical expression of confidence in the constitutional order we claim to revere. 

The alternative is a politics in which rights become contingent on popularity, and that is a road history has already shown us ends poorly for everyone. We still have time to choose the better path. The only question is whether we have the courage and consistency to take it while the choice still belongs to us.

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