Punchinello’s Chronicles

October 28, 2008

American Justice System should be Removed?

Filed under: Foolish Rants — Punchinello @ 7:15 pm
Tags: , ,

Let’s suppose that America is a car. We’re making a metaphor, using a common reference to something we all know as a symbol of a big and complex thing. We’ll say that the car represents the overall way a country works. It’s a simplistic view of a country, but that’s the function of a metaphor; to simplify things to make a point.

What makes a country work? How does it run?

If it were a car, we could ask the same question: What makes a car work? How does it run? Should we say that a car runs on gasoline and that the engine makes it work? Or should we say that the thing that makes a car work is the ignition key? Should we say it’s the windshield that makes a car run?

The engine and fuel make a car run. The whole point of a car is to get from one place to another. Without an engine and fuel, that isn’t going to happen. Now, some people will say that without wheels the car won’t get anywhere either. That’s fine, it’s just sophistry for the purpose of obstructing the point.

In our symbol, making an image of a country as a car, the economy is the engine and money is the fuel.

So what about the legal system? How important is the legal system to a car? Do we really need such a system? What if we just get rid of it entirely?

Alright; let’s get rid of all the laws about driving. We’ll eliminate all liability for crashes. We’ll get rid of all warranty laws, all safety regulations, all road signs, and all standards. We’ll remove all management over refineries, oil companies, tire companies, and mechanics. Everyone can do whatever they want.

Let’s let anyone at all drive, at any speed, in any direction, wherever they want. Let’s also let anyone take any car and do whatever they want to with that car. How long will we have a functioning society?

Which is better, then? Should we only make laws that tell you what you cannot do, or laws that tell you what you must do? Is there a reason for different types of laws? When should we tell someone what they can do, versus what they cannot do?

The US Constitution is the national law. It’s the foundation and platform for all other laws that will exist in the United States as originally incorporated. If we remove the Constitution, we’ll still have a nation but it won’t be the United States. It’ll be a new nation.

That Constitution and its Bill of Rights defines both aspects of the law. The Constitution tells the citizens what they have a right to do. The Bill of Rights tells the government what it cannot do. Should we get rid of one or the other side?

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” — The Preamble

I’ve added bolding to the fundamental concept that a legal system and constitutional charter is what creates justice. The only problem is how closely the created justice matches what we might call “poetic justice.” That latter refers to the underlying vague term of “natural” justice.

All philosophies and theologies of history have been developed to explain this “natural” justice. All moralities in philosophy and theology are the rules of Law. Moses and the Ten Commandments produced the Law. The Muslim Koran produces the Law.

The Constitution encodes and defines the moral structure of the United States of America. It produces the Law. That law supercedes all other law within the concept of the nation. Anyone who disagrees is free to do so, and free to remove themselves from the nation. They can renounce or not accept citizenship in that country.

No religion that proposes a core morality of murder is free to exist within and beneath the social organization of the United States. The condition of that Constitution is that the morality and Law of the religion must at the very least coincide with the nation. In return, the nation will in most cases not interfere with the religion.

These days, some people believe that a religion is higher than the Constitution. Other people believe that poverty is more important than the Constitution. Half the country believes that the Government is more important than the Constitution. The US Supreme Court and many of the lower State Supreme Courts believe they’re higher than both the Constitution and the religions.

Mr. Obama is annoyed that the Supreme Court didn’t do enough, back in the 1960s during the Civil Rights movement. It wasn’t enough to uphold the right of black men and women to be considered ordinary citizens of the United States. Obama would like the Supreme Court to rewrite the Constitution with a legal mandate as the engine of the economy.

Suppose we pass a law that all car engines must know where they’re going? Or how about a law that makes it illegal for gasoline to go faster than 20 miles/hour? Is it functionally possible for engines to know where “they’re” going, or gasoline to determine how fast “it” should go?

That asinine stupidity is rampant in the country today. A growing majority of people seem to think that they can jump in their car, start talking on their cellphone while putting on makeup, reading a paper, and drinking coffee, and the car will “just know” what to do. These idiots are stunned when they run out of gas, and want to sue the car companies for not including a perpetually filled tank of gas.

These same morons believe that they can confiscate every penny from anyone who makes any money at all and divide it up, giving every living person in the country an equal share. Then what?

Suppose we just eliminate money entirely, making everything fair and everyone equal? Then everyone can go to a store and buy some food. What store? What food? Who would make a store if there was no money? Who would grow food if there was no money?

Ah, you think everyone would trade! Or you think everyone would build stores and grow food out of the natural goodness of their hearts, right? And they’ll just give away all that food. What about building the store? Where will they get the roof, the floor, or the doors and shelves?

Nobody knows. It’s a mystery.

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