Tag: rule of law

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An Important Distinction

regulations, rule of law, control, freedom

A “rule of law” is based on general principles, and makes room for — or, better yet, is based upon — the protection of individual rights.

It used to be common to say, “a rule of law, not of men”; it was even as common in political oratory as was spouted out over drinks at the Rotary. But as the modern Regulatory State has grown in scope and power, most folks seem to have lost track of the notion. It is now not even a cliché. Few even of our most educated folks can explain this idea. Vast swaths of the mis-educated public appear not to “get” the idea of limiting government to the enforcement of a few general principles; instead, they cry for more “regulations” (along with additional spending and maybe even a whole new division of the executive government) every time a crisis, tragedy or atrocity occurs.

So we are left with a political culture in which the words of Tacitus seem to a majority as implausible at best, evil at worst: “The more the laws, the more corrupt the State.” Contrary to today’s trendy prejudice, we do not need “more laws” — edicts legislated by representatives, or regulations concocted by bureaucracies — we need Law.

As in, “a rule of Law.”

straw, regulations, law, punishment, punish, authoritarian society

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“Regulation” should not be confused with “rule of law”

regulations, rule of law, control, bureaucracy, law, meme, Common Sense, Paul Jacob, Jim Gill

A “rule of law” is based on general principles, and makes room for — or, better yet, is based upon — the protection of individual rights.

It used to be common to say, “a rule of law, not of men”; it was even as common in political oratory as was spouted out over drinks at the Rotary. But as the modern Regulatory State has grown in scope and power, most folks seem to have lost track of the notion. It is now not even a cliché. Few even of our most educated folks can explain this idea. Vast swaths of the mis-educated public appear not to “get” the idea of limiting government to the enforcement of a few general principles; instead, they cry for more “regulations” (along with additional spending and maybe even a whole new division of the executive government) every time a crisis, tragedy or atrocity occurs.

So we are left with a political culture in which the words of Tacitus seem to a majority as implausible at best, evil at worst: “The more the laws, the more corrupt the State.” Contrary to today’s trendy prejudice, we do not need “more laws” — edicts legislated by representatives, or regulations concocted by bureaucracies — we need Law.

As in, “a rule of Law.”

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regulations, rule of law, control, bureaucracy, law, meme, Common Sense, Paul Jacob, Jim Gill

 

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Accountability ideological culture national politics & policies

Rand Paul’s No-Special-Deals Petition

Are you tired of members of the political class foisting burdensome laws on us from which they liberally exempt themselves? Sign the petition.

I mean the “No Special Deals” petition expressing support for “Senator Rand Paul’s Constitutional Amendment to stop Congress from passing legislation that doesn’t apply equally to U.S. citizens, the Executive Branch, Congress and the Supreme Court.”

This is one of those amendments with the job of shouting “Read and adhere to the document I’m attached to!!!!!!!” We need almost as many such amendments as there are constitutional provisions, considering how chronically the Constitution is violated.

The spur is Obamacare, the latest package of law and politics to combine crippling mandates for most of us with special deals for those with political pull. Some people are deemed more equal than others when it comes to “equal protection of the laws” and so forth.

The rationale for equally applying laws that are tyrannical? To discourage tyrants loathe to be battered by their own bludgeons. And to disallow their divide and conquer gambits.

That’s the hope, anyway.

But if officeholders find a way to tyrannize to begin with, and don’t hesitate to tyrannize, will any formally enshrined demand for equality of tyranny serve to deter them?

No, sadly, Sen. Paul’s amendment won’t prevent assaults on our rights that aren’t already supposed to be prohibited by the rest of the Constitution. Not by itself. But the amendment could help and certainly can’t hurt.

(Hurt us, that is —  if it hurts our lawmakers, that’s the idea.)

This is Common Sense. I’m Paul Jacob.