Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual. – Thomas Jefferson
Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced. – Albert Einstein
An unjust law is itself a species of violence. Arrest for its breach is more so. – Mohandas Gandhi
Or should there a law? We all hate additional fees, and Spirit Air in Florida has opened a can of worms by now charging a fee for carry on bags. Yeah, I am upset by that too. But what upsets me more is that Congress is now readying legislation that will either bar the company from applying the fee, or to levy a tax that will negate it. Why is it that I feel that Congress is like a rampant novice whose only tool is a hammer? Then every issue that comes up suddenly looks suspiciously like a nail! Ok, in the particular case of the above mentioned baggage fee, I feel that the consumers can make a decision. Let the market rule in this case. Our system of law should be to protect us from unfair business practices. You know the things that Congress, and both this administration and the previous one not only turned blind eyes to, but have actually underwritten with YOUR money. I hope you enjoyed writing your tax check. And for those of you who set up your W-4 to ensure a refund, I hope you eyed the tax that you wound up paying. Sorry I’m digressing, back to the law. Do we need more laws? If you believe in the Judeo-Christian bible, then God got by with just ten. I recall years ago when the issues of hate crimes came up. So I guess if you just murder someone, that is different than if you murder AND hate him or her? I thought murder was murder. If the problem is enforcement of the existing laws, the perhaps the existing laws weren’t written well. But how can that be? We have the best law makers that lobbyist’s money can buy! If writing new laws that are written more specific are the solution perhaps each ne w incoming lawmaker should receive a complimentary copy of “Law writing for Dummies”. Oh well, we have all these new laws, now on to enforcement.
Our local members of law enforcement love having law as a club to beat you with. Local laws are so much fun. That nice four-lane roadway with restricted connection access, man you’ll be able to commute much faster now. Oh wait, a forty mile per hour speed limit. Wow! There are lots of Cops on this stretch of roadway. Well hey, it’s all for the children. (Somehow I’m sure!) Have you ever been pulled over for some simple infraction, and suddenly realize you are in the modern day interpretation of the Spanish Inquisition? The Cop is acting like you personally came to his house and slapped his Mother! How DARE you break HIS law! Whatever you do, do NOT sass or backtalk. “Well, we have a comedian here. Say Mr. comedian, surely you won’t mind if we bring in the drug dogs. They should be here in about thirty minutes. You don’t have anything to hide… Do you???” Well, how do you answer that? I do like Sarah Silverman’s response to the Cop asking her, “Do you know why I pulled you over ma’am?” She answered, “Because you got all C’s in high school?” Although I wouldn’t advise this answer, unless you are a fan of body cavity searches.
So, the “big ‘Man’” creates the box to put us in, and then his “little ‘Men’” keep us there. Just keep your nose clean and you’ll be alright. Right? Sure! Well, here now is finally the reason I’m writing this.
You have more power than the Judges of the Supreme Court, more power than the Federal Judges, more power than your local Judges, and more power than all those law enforcement guys and gals who have put people in that figurative box. How do you wield that power? As a juror! According to the Constitution which yielded this concept from the Magna Carta, juries of our peers have the right, nay the duty to judge not only the facts of the case, but the application and validity of the law itself! The Judge is there more as a referee to ensure that participating party’s rights are protected, and the rights of the people as represented by the prosecuting staff as well. The Judge will instruct the Jury to decide the facts as presented against the applicable laws. However the Judge will NOT tell the Jury that they have the power to also judge the law. That is something that each of us has per the Constitution and therefore it is in the Judge’s best interest to only instruct the basics of the case. But We the People, we have the power, but you saw Spider Man, with great power comes great responsibility. You know, as I grow older I’m finding that there is so much wisdom that our forefather’s showed in the framing of our Nation. I have never been on a jury, but I’ll tell you. I’m now looking forward to it.
As a parting shot (I just saw this):
Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators or Representatives, and Congress shall make no law that applies to the Senators or Representatives that does not apply equally to the citizens of the United States.
Rep. Virginia Foxx (R-NC 5th District) suggested this idea, for a 28th amendment to the Constitution, in a letter to President Obama, Sen. Richard Burr, and Sen. Kay Hagan on November 10, 2009.
As you were.