President Biden absolved all of his son's felonies because of his "serious addictions" and because Hunter was purportedly mistreated by Biden's own appointees at the Justice Department. But going back 40 years to his time as chairman of Senate Judiciary Committee chairman, Joe Biden favored vociferously and mercilessly prosecuting hapless individuals for the same offenses for which he absolved his son.

Biden's pardon of his son epitomizes how presidents and their families are now above the law. It also illustrates how the "King James Test for American Democracy" could become the death of the Constitution.

The American Revolution was heavily influenced by a political backlash that began across the ocean in the early 1600s. King James I claimed a "divine right" to unlimited power in England, sparking fierce clashes with Parliament. Since the 9/11 attacks, some of the same moral and legal principles have been advanced in this nation, but few people recognize the historical roots.

The divine right of kings

Before he became king of England in 1604, James was king of Scotland. He cemented his claims to absolute power there by launching witch panics and burning hundreds of Scottish women alive to sanctify his power. Harsh methods were not a problem because James insisted that God would never allow an innocent person to be accused of witchcraft. "While James's assertion of his [Scottish] royal authority is evident in his highly unorthodox act of taking control of the pre-trial examinations, it is his absolutism which is most apparent in his advocating the use of torture to force confessions during the investigations," according to the University of Texas's Allegra Geller, author of "Daemonologie and Divine Right: The Politics of Witchcraft in Late Sixteenth-Century Scotland." Torture produced "confessions" that spurred further panic and the destruction of far more victims. England did not have similar witch panics because officials were almost entirely prevented from using torture to generate false confessions. James justified the illicit torture, "asserting his belief that as an anointed king, he was above the law," and similar rationales emitted from the Bush administration from 2002 onward in the name of the 9/11 attacks.

After Queen Elizabeth died and James became king, he vowed that he had no obligation to respect the rights of the English people: "A good king will frame his actions according to the law, yet he is not bound thereto but of his own goodwill." And "law" was whatever James decreed. Nor did he flatter the men elected to the House of Commons: "In the Parliament (which is nothing else but the head court of the king and his vassals) the laws are but craved by his subjects and only made by him at their rogation." James proclaimed that God intended for the English to live at his mercy: "It is certain that patience, earnest prayers to God, and amendment of their lives are the only lawful means to move God to relieve them of their heavy curse" of oppression. And there was no way for Parliament to subpoena God to confirm his blanket endorsement of King James.