by Jack Lee
Our modern legal system which underpins our civil rights was largely borrowed from English law. The English defined that all laws should fall into two categories, malum in se, Latin for wrong in itself, something that is naturally evil, as murder, theft and laws that declare its wrong because we say it is wrong. The second part are referred to as malum prohibitum laws, Latin for wrong because we prohibit it, like jay-walking or not paying your taxes. the difference between these two classifications of law is an important distinction for every citizen to understand, because it’s what makes our country what it is today.
Our Constitution and the Bill of Rights was a formal declaration to define those liberties that could not be encroached upon by mere malum prohibitum laws. Our founders rightly knew it is the nature of government to never stop creating rules, regulations and laws. And they knew that without the Constitution to keep these guys in check, many of those laws, rules and regulations could potentially erode our liberty over time.
In the beginning it was the duty of every citizen to be vigilant of these encroachments and aware of proposed laws. But, today when there over 40,000 of these things enacted by Congress every 12 months. That duty has become all but impossible, even for our own representatives. It’s not hard to imagine that only a mere fraction of the legislation proposed is thoroughly vetted by our elected representatives.
Maybe it’s time to say enough!
I propose we restrain Congress from gross over-regulation and trying to control every facet of our lives. I propose that no more than 100 new (malum prohibitum) laws should be allowed in any one year, and further that a special committee be established to review our old laws that have become obsolete and get them off the books before they hurt someone.
The business of Congress should be focused on producing high quality, non partisan, absolutely necessary, legislation and not much else. We do not need or want all that special interest junk that results from a Congress churning out tons of minutia that has little or no relevance to the citizens, our economy or our national security.
If we could do just that much then we would have done a great deal to keep this country free and our government accountable.
AMEN to that!!!! Great blog Jack!
Many good points Jack.
I imagine a mischievous elf could, in a late night stealth mission, remove large swaths of legislation and no one would even notice.
“More is better” certainly has worked against the people.
Thank you John, we try to bring you something you can use every day.