Title page of Thomas Paine's revolutionary pamphlet "Common Sense," published in Philadelphia in January 1776.

Bust of Thomas Paine in New Rochelle, Westchester County, where he lived from 1802 to 1806.

Two hundred fifty years ago last month, Thomas Paine published “Common Sense,” a pamphlet that digested Enlightenment-era political and religious philosophy into a straightforward argument for American independence from the monarchy.

Six months later, our Declaration of Independence identified certain self-evident truths as the prerequisites for a government of “just powers.” Our founding document, the Constitution, then adopted three bedrock principles — primacy of the rule of law, separation of powers and protection of individual rights — as the foundation for a government that would give life to the Declaration’s promises.

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The practices that guide our nation today do not adhere to these founding tenets, or to the words of the Declaration whose anniversary we will soon celebrate. They are in many cases deeply antithetical to them.

When, like Thomas Paine 250 years ago, I take a common-sense look at what is happening, here is some of what I see.

The Principle: The rule of law.

The Practice: No one is above the law — except the president. And millions may be beneath it.

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The Supreme Court has recognized broad immunity for the president. The Constitution does not contain a single word about such sweeping presidential immunity. Day after day, we see how that lack of consequences emboldens the lawlessness of a reckless president: likely war crimes,........

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