The-tyranny-of-laws.htm

The tyranny of laws.

• Posted by Judson Phillips on April 21, 2012 at 3:11pm in Tea Party Nation Forum 

America is a nation of laws.   In principle this is a good thing.  However as with all things, there is often a disconnect between principle and application. 

 

When do we say what we now have is too much?

 

When I was in high school (1973-1977), we had an area where kids could smoke.  They had to have a note from their parents but between classes, the smokers would go down and have a smoke break.

 

On Friday, my daughter texted me from her high school.  “Someone got caught with tobacco in school and now he is suspended and has a court date.”

 

What is wrong with this picture?

 

First, I am not advocating children smoke.  Just the opposite.  I am a militant non-smoker.  I have asthma and cigarette smoke is one of the triggers for my asthma.   My usual reaction to someone asking if they can smoke around me is a slightly less polite version of, do you mind if I pass gas?

 

In Tennessee, and most other states, it is now a juvenile criminal offense for someone under 18 to possess tobacco. 

 

This kid who goes to school with my daughter is going to go to juvenile court, be prosecuted by the District Attorney and if there is sufficient evidence be convicted of a criminal offense. 

 

The good news is for this kid; it is an offense that will not carry over to his adult life.   Juvenile records are generally sealed and unavailable to anyone outside of law enforcement or the government.

 

The down side for this kid is that he will have probation, community service and the real possibility of going to jail. 

 

If someone is on probation, if they violate probation, even in juvenile court they can and do go to jail.  In juvenile court it is juvenile detention instead of an adult jail, but it is incarceration nonetheless.

 

What is wrong with this picture?

 

I do not approve of tobacco in any of its forms.  I think smoking or using chewing tobacco is a really bad idea.  It is disgusting and there are too many health consequences that go along with it.

 

If you are an adult, you do get to make those choices.

 

Put sending kids to jail and having them convicted of a criminal offense just because they had tobacco is insane. 

 

This is the problem with America.  We are no longer a nation of law; we are a nation of too many laws.  Some laws are good.  We must have some laws to avoid chaos.   Some laws are necessary for a well-ordered liberty.

 

We have long since passed the point where we have enough laws. 

 

This year Congress alone will create hundreds of new laws.  Our state legislatures will create even more.  Then the various agencies will be allowed to create regulations at the state and federal levels.  Many of us routinely violate a myriad of laws and we do not even know we are doing it. 

 

I can think of almost no problem currently facing America where the solution is a new law.  I can think of a number of issues facing America where the best solution is the repeal of some really bad laws. 

 

We need to tell our legislators at the local level, state level and at the federal level, to quit passing new bad laws and start repealing some of the old bad laws. 

 

Today, the only good law is a law that repeals an old bad law.