All this does not mean that Italian fascism was tolerant. Gramsci was put in prison until his death; the opposition leaders Giacomo Matteotti and the brothers Rosselli were assassinated; the free press was abolished, the labor unions were dismantled, and political dissenters were confined on remote islands. Legislative power became a mere fiction and the executive power (which controlled the judiciary as well as the mass media) directly issued new laws, among them laws calling for preservation of the race (the formal Italian gesture of support for what became the Holocaust).
The seeds of positive law planted by the nineteenth century English legal theorists Jeremy Bentham (1748-1832) 27 and John Austin (1790-1859) 28 were watered by an American Supreme Court packed with liberal justices during President Franklin Delano Roosevelt’s four term reign of the 1930s and 1940s 29 and given world-wide legal legitimacy by the newly-formed . at the San Francisco Conference, from which sprouted the first international court cases–the Nuremberg Trials (1945-47) and the Tokyo Trials (1946-48). The positive law philosophy of international law relied on in the Nuremberg Trials has by extension further denigrated America’s constitutional republic and has placed the moral precepts and presuppositions foundational to natural law in great jeopardy to such an extent that we are presently witnessing the death of the rule of law in American society. 30 As law schools have become more liberal, secular, and humanistic in their worldview since the late nineteenth century, lawyers, judges, and lawmaking institutions have used positive law and legal positivism philosophy in virtually all of America’s law related and law making institutions (., constitutions, courts, Congress, executive agencies, etc.). This has likewise perpetuated and exacerbated the erosion of the rule of law in modern times to such a degree that sophistic propaganda and societal acquiescence to the legal fiction of the separation of law and morality is now viewed by many respected jurists, the mainstream media, and the general public as a sound legal philosophy or an enlightened worldview. It is none of these. The ideological crisis of modern times has robbed America’s legal system of a stable moral foundation to such an extent that few people feel consciously obligated to follow. By separating laws from morals, we have also separated reason from sanity and have opened the floodgates to a public contempt for the rule of law. Unless this moral slide is abated in all of society’s law-related institutions, the downward spiral of increasing societal instability, bad public policy, socialism, democracy (., mob rule), anarchy, and eventually civilizational nihilism, will become America’s lot.