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Philip K. Howard, a lawyer, is the chair of the legal reform nonprofit Common Good and the author, most recently, of "Life Without Lawyers."
1 posted on 12/12/2010 11:50:10 AM PST by neverdem
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To: neverdem
“Did you really think we want those laws observed?” said Dr. Ferris. “We want them to be broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against... We’re after power and we mean it... There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, 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. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt. Now that’s the system, Mr. Reardon, that’s the game, and once you understand it, you’ll be much easier to deal with.”
--Ayn Rand Atlas Shrugged, 1957
The answer to this is widespread non-compliance and armed resistance.
2 posted on 12/12/2010 11:55:51 AM PST by Noumenon ("We should forgive our enemies, but not before they are hanged.")
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To: neverdem

Philip K. Howard, a lawyer,

That’s the only reason WaPo let him in the door.


3 posted on 12/12/2010 11:58:32 AM PST by DontTreadOnMe2009 (So stop treading on me already!)
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To: neverdem
after a law is forged in the crucible of democracy, it should be honored as if it's one of the Ten Commandments

For little people. If you ran your company into the ground and need a bailout, if you committed fraud, but with good intentions, if you need to violate accounting rules, if you need to make sure the right candidate wins, then laws are an inconvenience. Laws are there to determine who is in the club. If you have to obey the laws, you are not in the club.

4 posted on 12/12/2010 12:01:47 PM PST by Vince Ferrer
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To: neverdem

Well, it is certainly a timely reminder that we need to reform and simplify our laws.

The tax code is the one most often talked about. Eliminate a few thousand pages of exceptions, to start with, and balance them with equivalent across-the-board tax cuts so that taxes don’t go up as a result.

The EPA is another obvious place to look. And the financial regulations, which seem mainly designed to crush competition while helping the big boys to cheat.

Affirmative action is another obvious place to start. All men (women, and children) are created EQUAL.

But I suspect we also need to finally put the screws to the tort lawyers. Some sort of lid needs to be put on liability lawsuits, if we are ever to get back to a simpler, more open kind of life.

Then it would be nice if we could throw out all the crooked, activist judges.

Utopia, anyone? Well, at least let’s make a start.


5 posted on 12/12/2010 12:10:04 PM PST by Cicero (Marcus Tullius.)
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To: neverdem
Grand sunset BUMP!
6 posted on 12/12/2010 12:17:54 PM PST by BenLurkin (This post is not a statement of fact. It is merely a personal opinion -- or humor -- or both)
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To: neverdem

The we need to get something done syndrome. No, they need to get a lot Undone.


9 posted on 12/12/2010 12:31:19 PM PST by screaminsunshine (Americanism vs Communism)
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To: neverdem

jury nullification


10 posted on 12/12/2010 12:48:56 PM PST by phockthis
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To: neverdem; All

I have said for sometime that the problem with us is that “we don’t have the rule of law, we have the rule of lawyers.”


12 posted on 12/12/2010 12:53:09 PM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: neverdem

The government is broken and it must be sterilized.


13 posted on 12/12/2010 1:03:04 PM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: neverdem

how about another “house” of congress devoted to repealing laws?


18 posted on 12/12/2010 1:18:10 PM PST by bd59903
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To: neverdem

My solution...In order to pass one law you must REPEAL 100 until we get back to the original 10. Even that would take millenia.


19 posted on 12/12/2010 1:31:04 PM PST by Don Corleone ("Oil the gun..eat the cannolis. Take it to the Mattress.")
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To: neverdem

In my high school “Humanities” class my very liberal teacher asked the class what law they would pass if they could pass only one.

Most of the kids gave the standard suck-up responses but when she got to me I replied, “If I could only pass one law it would be that for every new law passed four would have to be eliminated”.

My lefty teacher was shocked, “Why on earth would you do such a thing?!”

“Simple” I explained, “We already have too many useless laws on the books. Tons of them don’t make any sense now, even if they ever made sense to begin with.”

“So Congress would have to pick four laws - at random if they like - and eliminate them. In due time they would get to the point where they would actually have to think about the laws they were enacting.”

She flunked me...;-)


21 posted on 12/12/2010 1:34:56 PM PST by rockrr ("I said that I was scared of you!" - pokie the pretend cowboy)
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To: neverdem

One nation, under too many laws..

Been saying that for years and I strongly believe being a member of Congress is at best a part time job. You get called in when there’s REAL problem like someone getting ready to attack us etc. Otherwise, sit on your ass and do NOTHING and America will once again prosper.


25 posted on 12/12/2010 2:04:50 PM PST by maddog55 (OBAMA, You can't fix stupid...)
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To: neverdem

Awesome post!

My feeling is we are choking under the weight of one insane law after another, and then they have to be enforced with specialized agents, or the local cops have to do it. It is why I no longer truly feel we are living in the free country that our founders gave us.

This is one of the biggest problems we have and is never discussed. Also, there is the claim that “ignorance of the law” is no defense - well, I’d say its a damn good defense nowadays!


27 posted on 12/12/2010 2:23:36 PM PST by LibertyLA (videos fighting libtards!)
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To: neverdem
Sunset laws have been proposed from time to time, and they were a domestic priority for President Jimmy Carter. "Too many Federal programs have been allowed to continue indefinitely," he wrote to Congress in 1979, "without examining whether they are accomplishing what they were meant to do."

Damn! Jimmy Carter did say something that made sense once.

28 posted on 12/12/2010 2:26:59 PM PST by Tom D. (Beer is proof that God loves us and wants us to be happy. - Benj. Franklin)
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To: neverdem

ping for later


30 posted on 12/12/2010 2:49:37 PM PST by jocon307
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To: neverdem

bump for later read


35 posted on 12/12/2010 4:02:30 PM PST by RightField (one of the obstreperous citizens insisting on incorrect thinking - C. Krauthamer)
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To: neverdem
Our political class assumes that, after a law is forged in the crucible of democracy, it should be honored as if it's one of the Ten Commandments

Unless, of course, they're immigration laws. Then it's just mean old Republicans that want to keep the poor minority "undocumented future citizens" from crossing the border to a better life that only America's Socialist party (DemonRats) can provide.

40 posted on 12/12/2010 4:53:33 PM PST by Hardastarboard (Bringing children to America without immigration documents is child abuse. Let's end it.)
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To: neverdem
Our political class assumes that, after a law is forged in the crucible of democracy, it should be honored as if it's one of the Ten Commandments

Unless, of course, they're immigration laws. Then it's just mean old Republicans that want to keep the poor minority "undocumented future citizens" from crossing the border to a better life that only America's Socialist party (DemonRats) can provide.

41 posted on 12/12/2010 4:53:33 PM PST by Hardastarboard (Bringing children to America without immigration documents is child abuse. Let's end it.)
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To: neverdem

CONSTITUTIONAL AMENDMENT

Congress shall meet for one session not to exceed one year total in any two year congress.

Members of congress shall remain within the boundaries of their respective congressional districts when not in session.

The members of congressmen’s staff shall be present within the confines of the congressional district when congress is not in session.

All measures passed into law by the congress shall apply equally to the members of congress and the other branches of federal government and to the people. Congress shall not exempt its members nor any other employee of federal government, whether elected or appointed, from laws passed.


42 posted on 12/12/2010 5:06:11 PM PST by oneolcop (Lead, Follow or Get the Hell Out of the Way!)
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