Comments: Depressing...

"... But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security..."

Posted by Keith Arnold at December 9, 2013 12:16 PM

I hear you, Brother. I'm quite the fan of marginal fixes and working within the system, but this is a complete abdication of rule of law replaced by rule of men. That's harder to fix.

A new Congress might tinker with the Cap-Gains tax, but how do you fix this? I suppose a sea change on the Supreme Court might rein these lads in, but as Clark Neily III points out in Terms of Engagement, they are "on the government's side" as well. Perhaps President Rand Paul appoints Ted Cruz as AG and these practices are extirpated? Fairy Dust? Unicorn DAs?

Posted by jk at December 9, 2013 12:36 PM

In the 18th Century BC, Hammurabi had a pretty good idea: all laws should be on public display, and written simply enough that the town drunk could understand them and know what was required of him. Good times, good times. We've drifted a little bit from that notion, it seems.

I guess those were days when you didn't have to pass a law to find out what was in it. If someone runs for office and says he'll go back to that, he'll get my vote.

Posted by Keith Arnold at December 9, 2013 1:03 PM


Perverted Law Causes Conflict

As long as it is admitted that the law may be diverted from its true purpose — that it may violate property instead of protecting it — then everyone will want to participate in making the law, either to protect himself against plunder or to use it for plunder. Political questions will always be prejudicial, dominant, and all-absorbing. There will be fighting at the door of the Legislative Palace, and the struggle within will be no less furious. To know this, it is hardly necessary to examine what transpires in the French and English legislatures; merely to understand the issue is to know the answer.

Is there any need to offer proof that this odious perversion of the law is a perpetual source of hatred and discord; that it tends to destroy society itself? If such proof is needed, look at the United States [in 1850]. There is no country in the world where the law is kept more within its proper domain: the protection of every person's liberty and property. As a consequence of this, there appears to be no country in the world where the social order rests on a firmer foundation. But even in the United States, there are two issues — and only two — that have always endangered the public peace.

Slavery and Tariffs Are Plunder

What are these two issues? They are slavery and tariffs. These are the only two issues where, contrary to the general spirit of the republic of the United States, law has assumed the character of a plunderer.

Slavery is a violation, by law, of liberty. The protective tariff is a violation, by law, of property.

It is a most remarkable fact that this double legal crime — a sorrowful inheritance from the Old World — should be the only issue which can, and perhaps will, lead to the ruin of the Union. It is indeed impossible to imagine, at the very heart of a society, a more astounding fact than this: The law has come to be an instrument of injustice. And if this fact brings terrible consequences to the United States — where the proper purpose of the law has been perverted only in the instances of slavery and tariffs — what must be the consequences in Europe, where the perversion of the law is a principle; a system?

Posted by johngalt at December 10, 2013 2:44 AM
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