Sunday, November 6, 2011

In 2012, the Cry needs to be Repeal!

The number of Federal crimes is estimated to be 4,450 according to a Heritage Foundation report Revisiting the Explosive Growth of Federal Crimes. This number has been growing by 56.6 per year at least since 1980. And of course, this doesn't even begin to count the causes of Federal civil action against individuals and companies for various environmental and other actions resulting in fines. For instance, there is the case of the Dollarhites at BigGovernment.com. Dollarhite is being threatened with a $4 million fine for selling more than $500 dollars worth of rabbits. The follow up to the story can be found here. But this is not an isolated incident.  This happens thousands of people across the country almost daily, most of them under the radar.  Ayn Rand had it right in her book Atlas Shrugged: "There's no way to rule innocent men. The only power government has is the power to crack down on criminals. When there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws." We are probably at that point.

As a Christian, I know the Ten Commandments. I understand that I break one or more of these commandments daily. In a perfect world, I would love the Lord with all my heart, and sole, and mind, and thus be able to keep every one of the other nine, but this is not a perfect world. But throwing myself on the mercy of my God is a different matter than depending on the kind mercies of a random policeman, or a Federal Agent, not to mention Federal Prosecutors, Judges, and juries. Any time someone wants to go after an individual, they can usually find something for which to hang them.  If not for the actual crime itself, then they can use your varying statements to law enforcement over a long investigation as proof that you lied, itself a crime.

I have long called for the repeal of laws now on the books. So, it was with some comfort that I see others now calling for repeal of laws. 500magnum writing in Gunleaders blog that it is time for gun rights activists to begin asking politicians which Unconstitutional gun laws they are willing to repeal. I think it is a good idea. But why stop there?  There are so many laws, rules and regulations that are either out and out Unconstitutional, or of dubious Constitutionality, that whole Federal departments could be eliminated, saving millions, or billions of dollars.  Further, the Courts do us a grave disservice by presuming that the any law passed by the Congress, and signed by the President is Constitutional on its face.  With all the shenanigans that go on today in Congress, such a presumption is wholly unwarranted.

Many people think that Martha Stewart was convicted of insider trading, itself a vague law that should put fear into anyone who regularly trades in the stock of industries that they well understand.  In fact, as Tibor Machan notes the charges of insider trading were dismissed. In fact, Martha Stewart was convicted of lying to Federal Agents, obstruction and conspiracy. But one has to wonder what it was she was guilty of obstructing, or what crime the conspiracy was guilty of committing, absent the actual crime? Martha Stewart's case was a reminder to the world that if the Federal government wants to get you, it will.

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