THERE OUGHT TO BE A LAW!

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To set the record straight, I am not, thank God, a lawyer. Neither are most of the people who read this, but at least we can express our opinions on legality.

There is a constant barrage of one phrase that is spouted from the lips of our leaders of this country – Democrat, Republican, and Independents alike – “We are a country of laws!” In the context which they often espouse this, WE ARE NOT! We are a country of individuals, men and women, who are governed by laws. If they stated this within this context, I would be more in agreement. We live, we breathe. Laws do not. We feel and we think. Laws do not! Abe Lincoln once stated, (slightly paraphrased) “All laws are legal – not all laws are just (moral).”

Noah Webster has almost a whole page defining ‘law’. To condense it all, a law is any form of ruling that obligates people, or entities, to obey its contents or face penalties and punishment. A regulation is a law. A mandate is a law. Rules are laws; so are orders, ordinances, statutes, acts, codes, and legislation. Joseph Choate describes law as “The expression and the perfection of common sense.” My question is, in many laws of today, when is common sense practiced and not replaced by bullyism? In some instances, laws are written in order to commit legalized graft and theft such as in traffic laws.

Whenever something displeasing happens in our society, there is a clamor from sections of people and from many of our elected officials for the enactment of a new law. Quite frequently, the call is made despite the fact that laws that already exist were designed to address the particular problem. Currently, there are more than 160,000 laws on the federal books. This figure has escalated, and continues to rapidly escalate, during the Obama Administration. A great majority of these new laws are being enacted by government agencies such as the EPA or Dept. of Energy. Whether they are good laws or bad ones, they each affect individual Americans – either directly or indirectly, or both.

However, laws and lawmaking does not end on the federal level. All states have laws. All counties have laws. All cities have laws. In some instances, even small communities within these governmental structures have laws. Even non-governmental organizations, such as many restricting Home Owners Associations, have laws. I do not know if any person or entity has ever tried to tally the number of all of the laws. At a stab, I would venture to guess that there are more than 3,000,000 laws across the country. That is approximately one law for every one-hundred and eighty U.S. citizens. They affect every America, even those who live elsewhere. As a small example, a New Yorker may receive a traffic citation for an obscure law while driving in California. The question arises, should the recipient contest the citation or not, and at what cost? Who benefits? – The jurisdiction responsible for the law.

Many laws are totally inane. From one governmental entity to another, they range from the ridiculous to the sublime: In a couple of states it is illegal to collect rainwater from your roof. It is illegal to dig a small pond on your own land for livestock without first obtaining permission from the EPA. In some cities, it is illegal to throw a ball in the street, while in another it is illegal to organize a marathon sign-up in public. To worsen matters, each and every American is subject to state and local laws regardless of where they live. This will also apply to foreign visitors. “Ignorance of the law is not an excuse!” This is an interesting statement considering that many people involved in the administration and enforcement of laws do not understand or know the reason of a law’s existence. The Affordable Care Act (ObamaCare) is the prime example of it. And yet, the law is the law and, even if the law is immoral, we must abide by it?

Without questions, laws are required to help guide the average person and to protect all from obvious harm. Regretfully, many laws are harmful, and many are urged by those whose primary purpose is to control others. Some laws are created out of perceived harm as opposed to actual harm, regardless of adequate research, studies and evidence ever having been presented. Some laws are created to patronize select groups, or for those who scream and yell the loudest. And, some laws are created for the gain and profit of individuals. Too many laws are simply created and enacted primarily for intrusion and control.

Finally, look on the bright side. Think of where many of these poor attorneys, lawyers, judges, municipalities, and all phases of the legal system would be without the existence of all of these laws. Considering the 10% (or more) of the people who are not employed today, maybe we should enact more laws which will increase employment opportunities within the legal system.

Alexander Wisniewski

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