Tuesday, February 11, 2014

Lawlessness



It seems a bit extreme to hear someone call our government, or portions thereof, lawless, but upon reflection I am concerned.

Federal agencies have been and continue to issue huge numbers of regulations. These regulations carry the force of law and historically have been issued to implement laws that have been passed by Congress and signed by the President. Currently many regulations are being proposed to implement ideas that have not yet been directly passed by Congress. Federal agencies are not supposed to be creators of law. As an example, the Environmental Protection Agency (EPA) should not be able to ban up to 80% of woodstoves without Congressional action.

The President has arbitrarily been changing laws (including the Affordable Care Act) by granting waivers, changing requirements, and delaying timetables that were set by Congress and signed by him. The president, according to the Constitution, is to carry out the laws of the land and Congress is to make those laws. He has also has ordered the non-enforcement of laws he doesn’t agree with including in the areas of immigration and drug enforcement.

Our Judicial system often seems to be creating new laws rather than just adjudicating the law and ensuring that laws are not in conflict with the Constitution. Judges have struck down portions of State Constitutions as not being constitutional and in Virginia, the State Attorney General, due to his personal political beliefs; will not argue on the behalf of the citizens who through due process amended their State Constitution.

Congress has been just as guilty with delegating their powers to commissions and back-room dealers. Last years “gang of eight” proposed a transfer of power from the legislative to the executive, thereby circumventing normal checks and balances required by the Constitution.

A number of States have criminalized an unknown number of their own citizens due to gun control laws that far exceed any federal laws designed to comply with the second amendment. These gun control laws seem to be based upon cosmetics rather than function. In other words, big scary guns are bad! Now law-abiding citizens find themselves in the situation of becoming a “criminal” if they own one of the banned firearms, even when the Constitution says they have the right to own it.

These are but a few of the actions we can see happening in our nation. America was designed to be a nation of laws, where citizens and their elected representatives were subject to the same law. A nation where men or women, could not alter the law except through due process where the public could see the actions. We are a country where the majority cannot take the rights away from the minority ever.

No matter if you agree or disagree with the President, his federal agencies, our judges, Congress or your state governments, I believe that you should be concerned. If you agree with those I’ve pointed out above, remember that at some point the other guys will be in charge and they will only be bound by the limits on our current leaders. If you disagree, do you want those you support to someday have far more power than the Constitution gives them?

Our nation was and has been a nation of laws. Not perfect, but it’s still better than any other form of government tried upon this earth. For 200 years we strove to improve it and repaired damage from those who weakened the system. Today we see some of our elected leaders and appointed judges taking actions which threaten that very system again.

Contrary to statements by some partisan politicians, I believe that people on both sides of any issue can be a part of our community, as long as they exhibit civility to others and accept the concept of rule of law as defined by our American Constitution. When the people you support are in positions of power, they should have no more power than when the people you oppose are in charge.

Every American should loudly proclaim that we stand for the rule of law and oppose the rule of men. It is the only way to prevent lawlessness.

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