Quote of the day—Tirno

To paraphrase Milton Friedman, your life, liberty and property are not protected when the right people are elected to office to do the right thing. Your life, liberty and property are safe when the wrong people are elected, but cannot avoid doing the right thing.

The law is badly formed at this time because there are more and more restrictive law that bear on the citizen, and less and less constrains on those that exercise the publicly authorized powers. This needs to be inverted: the laws bearing on the individual need to be reduced, also reducing and constraining the scope of government. Laws concerning malum in se should be as clear and uncontrovertible as possible. Laws of the malum prohibitum type should be reduced to the minimum scope possible, and none should be felonies.

At the same time, the constraints on how, when and what manner an individual can wield a public power should be quite constrained, and severe penalties for misuse, abuse or use in private interest, and those restrictions vigorously enforced.

Tirno
June 24, 2020
Comment to Quote of the day—Steve Mylett
[I have nothing to add.—Joe]

6 thoughts on “Quote of the day—Tirno

  1. These are good points. Unfortunately, the needed constraints don’t exist and never have. The supposed constraint (the Constitution) has been subverted by the enemies of liberty from the time the ink on it was barely dry. Details can be found in a book published in 1803, and it has only gotten worse in the two centuries since then.

    Just today I read an op-ed in the WSJ (by a law school professor, go figure) about courts making up rules from whole cloth — in this case, the notion of “qualified immunity” which does not exist in the actual law. What’s sad is that he proposes Congress could fix a problem by amending the law in question. Lovely notion — fix the problem of a law being ignored by modifying the law so the courts can continue to ignore it.

    It would certainly help if there were large scale impeachments and prosecution of judges who pull this sort of stunt, but since politicians often like the way the system works, they aren’t about to do this.

    • Lovely notion — fix the problem of a law being ignored by modifying the law so the courts can continue to ignore it.

      The same is true of most laws. Take gun laws, for example. We can’t fix the problem of criminals ignoring the laws by passing more laws. And we can’t fix the problem of courts ignoring Heller, MacDonald, PLCAA, FOPA, etc., or fix the logical and legal vomit that is ATF’s Firearm Technology Branch (the guys who say that an AR pistol with an arm brace is a SBR because the brace looks too much like a stock, then it’s not a SBR because it’s not designed to be shouldered, then it is because it can be shouldered, then it’s not again because … reasons), by amending existing laws. The “black-robed tyrants” (as others have called them) will do whatever they want, regardless of what the top tier of black-robed tyrants tell them (see again, Heller).

      I’m not sure what the solution is, but it seems to me repealing malum prohibitum laws and victimless crimes would be a good start. It’s much harder for a judge to misinterpret — intentionally or not — a body of law that no longer exists. Don’t amend it, remove it.

      And yes, impeach the judges who pull this crap and prosecute them under 18 U.S.C. 241 and/or 242. Get the politicians who passed the laws, too.

    • Yes, and our forefathers warned us that NO system will survive human nature. As the nature of man is fallen. His society will always follow.
      We need reminding from time to time of that fact. BOHICA is the future. We need more ammo.

      • I think we have enough ammo. The US buys something like 12 billion rounds of ammo a year, and that’s not counting reloaders who make a bunch more. Rope, pitchforks, cars, gasoline, household chemicals, blunt instruments, swimming pools, gibbets, and other historically accurate and/or creative ways can also be effective in removing problem individuals from the levers of power and influence. There are less than 350 million people in the USA.

        No, the problem is accurate and sufficient target identification in the hands of people in a position and location to do something with the information. And that, right now, is a part of the problem that I’m thinking Q is working on. Most will be dealt with in the relatively normal legal channels, varying from impeachment or deportation, up to an including military tribunals.

        • Deportations are a great idea! We just need to dress it up a bit. We could call it; Rainbow to Liberia. It’s a non-profit NGO that helps people find inner peace. By removing stress, anger, and aggression by hostile whites from their life’s!
          Maybe use some empty cruise ships? It’s the cruise of a lifetime! It’s so wonderful there they don’t even offer a return trip!
          I’m sure someone up on Madison Ave. could come up with a better campaign for it.

  2. The real problem is the courts that make the prosecution and police jump through hoops, but let criminals out on a regular and frequent basis.

    The average shooting victim has over 10 arrests.
    The average shooter has over 20 arrests.

    These people were out on the streets not because of the law, but because of the lawyers.

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