by EJA » Fri Nov 14, 2003 3:15 pm
Err, YRH, that was a joke. Even the Mosaic Law, though comparitively brief, had a lot more to it than the ten commandments. I will say, though, that any law that does not uphold all ten commandments, yes even the ones about adultery and coveting, is deficient and will not serve its society well.
I generally agree, though, that there is way too much law in our country today. The US Constitution makes no requirement that the legislature convene regularly, but rather says, "as needed." In the thinking of our legislatures, it seems that need knows no season. I think that we would all be much better off with a few simple laws than with the legal quagmire that we have today. I think that our present law is exceedingly inequitable at times, both on the too harsh side, and on the too lenient side. One of the main reasons for this inequity is that judicial discretion has been largely usurped by the legislative branch of government. Judges hands are tied. They are near functionaries, following the detailed instructions provided by the legislature like the directions on the back of a cake mix. In other words, I think the balance of power has tipped in favor of the legislative branch, and it is leaning on our freedom.
Of course, I also want judges to remain under the authority of the Constitution of the US, as well as the state constitution, where appropriate. Judges, such as Darth Vader Ginsberg, who stand above the Constitution, passing judgment on it as though they are wiser and more enlightened than the founding fathers, genuinely frighten me.
As far as the Patriot Act, I feel reasonably safe as long as those powers are in the hands of John Ashcroft, but I shudder to think of them falling into the hands of another Janet Reno. I hate to see freedoms taken away just so that we can be safe, and frankly feel that I would rather not be safe than not be free. On the other hand, should terrorists gain the upper hand, we will most certainly not be free, so a balance has to be struck. Thus far, I am not dissatisfied with the present balance, but I expect to be so any minute.
– EJA
Reality: An important truth test