Monday, December 5, 2011

Manmade Limitations of Laws

The misnamed field of study known as political science (because there is no scientific process involved in it) has a basic principle when it comes to laws that are passed or created.  This principle is that all laws, whatever the source, must be enforceable in some way within the given constraints of government, both natural or manmade.  If such a law is passed, it is usually either a dangerous law or a ridiculous law.

For example, let’s say that the Federal government passed a law that states 1 + 1 = 3.  All textbooks in public schools and all government business must be changed in order to align with it.  It does not matter that the accepted fact is that 1 + 1 = 2.  Because the Federal government has mandated it and because they are well within their constitutional authority to do so (all weights and measures are set by the Federal government), this means that mathematics must be changed.

But that doesn’t mean that it is still true.  You see, despite what the leaders within government think, there are fundamental laws of economics, mathematics, nature, and morality that they cannot override with a simple law.  Even if they were to do so, they would end up causing huge damage to the very people they seek to rule over.

But let’s say that a law is created which flies in the face of manmade constraints imposed on the legislative body created by them.  The defense bill passed last week is exactly this: it flies in the face of the 4th and 5th amendments to the United States Constitution.

The fact is, no person, regardless of citizenship, shall be deprived of life, liberty, or property without due process of law when they are on US soil and not an invading foreign force.  The actions taken by the Federal government fly in the face of this since terrorism is a broad term that can be used and applied to just about anyone.

The tools for the United States to become a totalitarian state are in place.  All that stands in the way is this joke of an election process we are seeing now and a few brave souls at various positions of power who wield enough influence to stop them.  But those people are becoming fewer and fewer as the years go by.

The problem is that while there are manmade constraints on the laws that can be passed and the powers of the President and the courts (both Inferior and Superior), ultimately it takes men of integrity to abide by those limitations.  And how often do you find men of integrity in politics.  The oft-repeated stereotype of the politician is not a favorable one by any stretch and it seems to me that stereotypes, however exaggerated they may appear, are often rooted in truth.

The fact is, the kind of men and women who seek high office are, by and large, opportunists.  There is nothing inherently wrong with this, as you or I might find a better job with better pay and benefits in a very opportunistic fashion, but in this case it is about the opportunity is about power over us.  And all the while they continually claim to have only our best interests at heart to the detriment of their own, which is an outright lie.

I believe that the United States, as it is today, will cease to be this century.  I will be surprised if we make it to 2030 as an intact nation.  As such, I think it is high time that our greatest minds start planning for a future Republic that has a failsafe in place which prevents legislatures, executives, and judges from stepping outside their authority.  I’m guessing that it may involve some form of legitimate force to be employed by the citizenry based on an ultra-majority.  Or term limits.  Both might work out nicely.