Megan Kelly is all atwitter. Bill O’Reilly gloats. The votes
are in and the GOP controls both Houses of the Congress. Now the media is awash
with commentary about the need for compromise, prospects of either progress or
stalemate, predictions of deadlock, impeachment, vetoes and votes to override
vetoes. Bottom line, politics as usual.
In 1866, Gideon Tucker, a lawyer and newspaper editor in New
York, penned these immortal words: “No man’s life, liberty or property are safe
when the legislature is in session.”
It bears repeating. It has become common to judge the
accomplishments of a legislative session by adding up the number of bills that
have been passed before adjournment.
Before we start demanding that our newly elected Congressmen
and Senators get to work and start passing laws, it might be well for them to
give some thought to repealing some of the laws which have already been put on
the books.
If freedom is defined as the right to do whatever we want to
do, without restraint by the government, it would seem rather obvious that the
more laws we have to obey, the less freedom we have.
Here is
what Wikipedia says about the number of federal criminal laws:
There are
conflicting opinions on the number of federal crimes, but many have argued that
there has been explosive growth and it has become overwhelming. In 1982, the U.S. Justice
Department could not come up with a number, but estimated 3,000
crimes in the United States Code. In 1998, the American Bar
Association (ABA) said that it was likely much higher than 3,000,
but didn't give a specific estimate. In 2008, the Heritage
Foundation published a report that put the number at a minimum of
4,450. When staff for a task force of the U.S. House
Judiciary Committee asked the Congressional
Research Service (CRS) to update its 2008 calculation of criminal
offenses in the U.S.C. in 2013, the CRS responded that they lack the manpower
and resources to accomplish the task.
In short, there are so many federal crimes, we can’t afford even
to count them!
Exactly how, pray tell, can the citizens of this great land be
presumed to know and expected to obey laws that are too numerous even to be
counted by the government?
George Mason, one of only three delegates to the
Constitutional Convention in Philadelphia who refused to sign the Constitution,
expressed the fear that the national government would toggle between a monarchy
and a corrupt oligarchy.
Oligarchy. That’s a system of government in which a few
people rule. It may be hereditary, like the Mafia, where certain families are
recognized as the rulers, or it may be merely like a continuous game of “King of
the Castle” in which shear brute strength or military might determines who
rules until the next challenger comes along.
Our national government has become a more subtle version of
oligarchy. There is indeed a strain of hereditary leadership. Debbie Dingell
was elected in 2014 to a seat in Congress held by her husband and his
father for over eighty years. Hillary Clinton is expected to seek the position
her husband held for eight years and there is talk of a candidacy by Jeb Bush
whose father and brother both served as President of the United States.
Beyond these rather obvious examples of a leadership class,
there are more subtle classifications.
There is a plethora of evidence that residents of certain cities,
graduates of certain universities, members of certain organizations and ethnic
or economic groups have a disproportionate share of the decision making in the
United States.
The people of the United States are pitifully
underrepresented in the Congress. If the original House of Representatives had
been based on the proportions of the present one, it would have consisted of
four people. That would certainly have been considered an oligarchy.
And when two of the three branches of the federal government
consist entirely of graduates of three
Eastern universities, what do you call that?
Fed up? Don't just sit there. CLICK HERE.
Fed up? Don't just sit there. CLICK HERE.
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