Capitalist societies are ruled by the bourgeoisie. Under the class rule of the bourgeoisie, the law is created to protect the interests of the bourgeoisie. Because liberals buy into bourgeois ideology, they support the rule of law over them. Essentially, they believe that the growth of obvious facism in the US, which has been present for over a hundred years as a major element of the United States, is an attempted coup by a minority of the bourgeoisie. In actually, the shift to naked facism is produced by a change in the material basis, namely the declining rate if profit and decline of the American Empire.

Therefore, the bourgeois law cannot stop facism, because bourgeois law will change to represent the interests of the increasingly facist bourgeoisie - liberals have an idealistic conception of law, where it is this ideal or holy thing imposing "democracy, freedom and human rights" on society, while in actuality it is just a tool for bourgeois class rule, which can be altered, replaced, or discarded whenever useful. They have this conception because they do not understand the material basis of laws, and because they are propagandized to believe in the ideals of the bourgeoisie. US facist also support the rule of facist laws, for the ideals of "order and supremacy".

The fundamental flaw apart from not understanding the material basis of law, is that they do not understand the class character of facism, viewing it instead through a purely ideological lens as something evil and irrational for all segmens of the population (despite facism only occuring to serve the interests of the bourgeoisie). When this is understood, it is clear that the only way to prevent facism is to overthrow the bourgeoisie and establish the class rule of the proletariat, something the bourgeois liberal idealogues will never advocate for - instead they advocate for peaceful protests, voting, and the rule of law, i.e. obeying the class rule of the bourgeoisie as a way to "oppose" the bourgeoisie