I've written before about the essential function of government being the protection of individual rights, which are the only primary rights that exist, and from which all just powers exercised by government are derived. The recognition of individual right is the foundation of American jurisprudence, upon which all else depends. The application of the principle of the sanctity of private property combined with the right to contract are the basis for most of English Common law and the basis for modern civilization. Individual rights, as recognized and protected by the common Law are what allowed the creation of America, and if Western Civilization is to be preserved, the common Law must be protected.
Buildings depend upon good foundations; footings must bear on good soils which can bear the loads imposed, and there must be durable walls on the footings to carry the loads from the floors and roof down to the footings. Without such, structures settle, pulling walls and roof apart, allowing weather to enter, and eventually, if the damage is not made good, causing the building to fail. So too with political constructs.
If individual rights are the footing for these united States, then we the people are not only the inhabitants of the States erected upon them, but also are the soil upon which the footing rests. Without the support of most of the individuals in this country, the political expression of Liberty will not be supported and cannot in turn support the rest of the edifice erected upon it. If we do not support the concepts of individual rights, if we do not insist that our servants who are the employees of our various governments respect those rights as the highest Law, then we can expect failure of all that is built upon it. And we are seeing the cracks in the walls grow daily.
To be sure, there are other types of structures that can be built without foundations.
One does not need footings for a cave, or a tent or a yurt, or a treehouse. But none of these structure types can support a modern industrial society; none can provide the stability and permanence required for capital investment. So too with politics. Collectivism of any sort cannot support the complex political and philosophical ideals required for long term sustainability of innovation, entrepeneurial enterprise and individual creativity which are the foundation of the physical abundance we now enjoy. When the philosophical basis for a political entity is undercut, that entity is doomed. We the people of these presently united States live that reality now.
But I digress. One of the other reasons that we are in the troubles that increasingly plague us is that we have lost sight of the difference between the Common Law, legislation, and regulation. The Common Law is based upon millenia of experience in discovering human nature and figuring out how to best delineate the relationship between members of the most violent and dangerous predatory species presently inhabiting this planet, and we ignore the hard-won lessons of the Law at our own peril. The Law defines and prohibits violent crime (zero aggression principle) and enforces contracts, among other basics. Every civilized person understands that rape, robbery and murder are wrong; the laws against such predate the birth of Christ.
Legislation is not necessarily based upon the common law, but much more often based on whatever ideology or fragment thereof happens to be in vogue at the time. It is not time tested and very often results in unexpected consequences, eventually requiring extensive modification or repeal. The Founders tried to limit the scope of legislative action by limiting the Federal authority to pass laws to certain specific topics, but those supposed constraints on legislative action have been very largely bypassed and ignored, resulting in an ever-expanding enormous mass of inconsistent legislation. Note well, this is not Law, but legislation. For example, legislation tells us that an entrepeneur cannot charge more than, the same price as, or less than his competition. (yes, it really does!)
Not content with legislating far more often and more widely than is healthy or Constitutional, our putative representatives have delegated their supposed authority to make laws to unelected bureaucrats, who pile still more regulation on top of legislation. If most legislation is of dubious Constitutionality, virtually all regulations are utterly illegitimate. Where does the Constitution allow the delegation of legislative power? Regulation is what dictates how you dispose of your bowel movements, and what sort of light bulbs those who would rule us will allow us to buy.
Regulation is what is crushing the productive people still left in these presently united States. Those who create wealth are being crushed beneath the weight of layer upon layer of regulation atop decades worth of legislation. The whole Enlightenment concept of government as a protector of individual rights has been smothered to the point of death by a avalanche of utterly unConstitutional exercise of illegitimate authority. Having crushed the footings upon which it was founded, and grossly deformed the strata on which those footings rested, this miscarriage of Justice cannot stand.
And it will not, because the science of ideas has been largely abandoned to collectivism. Therefore, everything which philosophy underpins, which is pretty much everything, is fated inevitably to collapse. Just as the former Soviet Union was doomed to collapse, these presently united States are also doomed, and for many of the same reasons. Unlike the Soviet Union, there will be no USA to come to the rescue. (I would not be surprised to see the former Russian territory of Alaska once again become Russian; after all, they will want to get something for the debt they hold. Perhaps the Chinese will take Hawaii on trade....)
However this all turns out, we are fated to see some interesting times, and part of what will decide what rises from the wreckage of these presently united States will be whether enough people remember the difference between Law, legislation and regulation. That is the point of this post. Regardless of whatever government succeeds this one, Law must be respected and upheld, legislation, like antibiotics, used sparingly, and regulation utterly shunned. I hope that each of you, gentle reader, recalls the distinction between Law, legislation, and regulation, and also to remember to always ask yourself- "What is the proper function of government?"
(For those who are interested in learning more about the Common Law, I suggest that you read Richard Mayberry's 'Uncle Eric' book on the subject, "Whatever Happened to Justice?"; there is a transcript of an interview with him here which talks about all of his 'Uncle Eric' books.)
With regard to all who serve the Light,
Historian
Buildings depend upon good foundations; footings must bear on good soils which can bear the loads imposed, and there must be durable walls on the footings to carry the loads from the floors and roof down to the footings. Without such, structures settle, pulling walls and roof apart, allowing weather to enter, and eventually, if the damage is not made good, causing the building to fail. So too with political constructs.
If individual rights are the footing for these united States, then we the people are not only the inhabitants of the States erected upon them, but also are the soil upon which the footing rests. Without the support of most of the individuals in this country, the political expression of Liberty will not be supported and cannot in turn support the rest of the edifice erected upon it. If we do not support the concepts of individual rights, if we do not insist that our servants who are the employees of our various governments respect those rights as the highest Law, then we can expect failure of all that is built upon it. And we are seeing the cracks in the walls grow daily.
To be sure, there are other types of structures that can be built without foundations.
One does not need footings for a cave, or a tent or a yurt, or a treehouse. But none of these structure types can support a modern industrial society; none can provide the stability and permanence required for capital investment. So too with politics. Collectivism of any sort cannot support the complex political and philosophical ideals required for long term sustainability of innovation, entrepeneurial enterprise and individual creativity which are the foundation of the physical abundance we now enjoy. When the philosophical basis for a political entity is undercut, that entity is doomed. We the people of these presently united States live that reality now.
But I digress. One of the other reasons that we are in the troubles that increasingly plague us is that we have lost sight of the difference between the Common Law, legislation, and regulation. The Common Law is based upon millenia of experience in discovering human nature and figuring out how to best delineate the relationship between members of the most violent and dangerous predatory species presently inhabiting this planet, and we ignore the hard-won lessons of the Law at our own peril. The Law defines and prohibits violent crime (zero aggression principle) and enforces contracts, among other basics. Every civilized person understands that rape, robbery and murder are wrong; the laws against such predate the birth of Christ.
Legislation is not necessarily based upon the common law, but much more often based on whatever ideology or fragment thereof happens to be in vogue at the time. It is not time tested and very often results in unexpected consequences, eventually requiring extensive modification or repeal. The Founders tried to limit the scope of legislative action by limiting the Federal authority to pass laws to certain specific topics, but those supposed constraints on legislative action have been very largely bypassed and ignored, resulting in an ever-expanding enormous mass of inconsistent legislation. Note well, this is not Law, but legislation. For example, legislation tells us that an entrepeneur cannot charge more than, the same price as, or less than his competition. (yes, it really does!)
Not content with legislating far more often and more widely than is healthy or Constitutional, our putative representatives have delegated their supposed authority to make laws to unelected bureaucrats, who pile still more regulation on top of legislation. If most legislation is of dubious Constitutionality, virtually all regulations are utterly illegitimate. Where does the Constitution allow the delegation of legislative power? Regulation is what dictates how you dispose of your bowel movements, and what sort of light bulbs those who would rule us will allow us to buy.
Regulation is what is crushing the productive people still left in these presently united States. Those who create wealth are being crushed beneath the weight of layer upon layer of regulation atop decades worth of legislation. The whole Enlightenment concept of government as a protector of individual rights has been smothered to the point of death by a avalanche of utterly unConstitutional exercise of illegitimate authority. Having crushed the footings upon which it was founded, and grossly deformed the strata on which those footings rested, this miscarriage of Justice cannot stand.
And it will not, because the science of ideas has been largely abandoned to collectivism. Therefore, everything which philosophy underpins, which is pretty much everything, is fated inevitably to collapse. Just as the former Soviet Union was doomed to collapse, these presently united States are also doomed, and for many of the same reasons. Unlike the Soviet Union, there will be no USA to come to the rescue. (I would not be surprised to see the former Russian territory of Alaska once again become Russian; after all, they will want to get something for the debt they hold. Perhaps the Chinese will take Hawaii on trade....)
However this all turns out, we are fated to see some interesting times, and part of what will decide what rises from the wreckage of these presently united States will be whether enough people remember the difference between Law, legislation and regulation. That is the point of this post. Regardless of whatever government succeeds this one, Law must be respected and upheld, legislation, like antibiotics, used sparingly, and regulation utterly shunned. I hope that each of you, gentle reader, recalls the distinction between Law, legislation, and regulation, and also to remember to always ask yourself- "What is the proper function of government?"
(For those who are interested in learning more about the Common Law, I suggest that you read Richard Mayberry's 'Uncle Eric' book on the subject, "Whatever Happened to Justice?"; there is a transcript of an interview with him here which talks about all of his 'Uncle Eric' books.)
With regard to all who serve the Light,
Historian
RSS Feed