And of course, Arizona SB 1070 … “the immigration bill”. I’ve written this up on the Press Democrat forums here, but I’d like to use this space to further develop the ideas. First, we are a Nation of laws.
What that means is that our laws describe what the federal government, the states, and the citizens shall do and may not do. If it isn’t in the law, it isn’t regulated and it is left to each individual state and citizen to decide for themselves. However, the 10th Amendment to the Constitution specifically forbids the federal government from exercising that discretionary power. The federal government is explicitly limited to those powers enumerated in the Constitution.
Being a Nation of laws (rather than an Nation of rulers, or groups, or ideas, or religion, or military junta, or any other mechanism) is our protection against the hazards and penalties that occur when governments malfunction. There are two things for certain. One, no matter how much anyone may identify with the current ruling group, that will eventually change. And two, the government will do its best to malfunction, and then the protection of being a nation of laws (so readily attacked and undermined) will be treasured.
Where we substitute what we “believe” or what we “like” or “want” for the law, we move away from being American and we place all of our futures in peril. Where we invent new “rights” not contained in the Constitution, we place our Constitutionally guaranteed rights in peril through dilution and debasement.
Where we blatantly and publicly fail to enforce important laws, we undermine the legitimacy of the government. A government that fails, or refuses, to enforce the law becomes, literally, “outlaw”. The failure of government under one regime to enforce the law is no excuse for successive regimes to likewise fail through act or omission to perform its most basic duty (when the “But Johnny did it!” defense works, you know you’re dealing with children, not adults). No government may pick and choose which laws to enforce without expecting dire consequences.
We’re having a real big problem with citizens who misunderstand the nature of and relationship with law enforcement. Governments are formed with the consent of the governed with a major goal of insuring public behavior that is acceptable to society and conducive to prosperity and safety. We do this specifically so each private citizens does NOT take up arms in his/her own defense. When the government fails to perform this duty, citizens are left to decide for themselves how to proceed. And that situation never turns out well.
To facilitate the civilized and orderly enforcement of laws, we the people select and appoint people, then invest them with a specific civil status that (while in the performance of their duties) separates them from the public at large. The police, prosecutors, and judges are not “just like us”. They serve under the authority of the people at large, to enforce laws, maintain order, and protect public safety. Because of this additional power, they are held to a high standard, and severely punished when found in violation of the public trust.
Anyone who expects perfection from police, prosecutors, and judges need only examine their own lives to see how unrealistic that is.
The alternative to accepting (while always striving to improve) human imperfections in law enforcement is to accept the collapse of civilized society, vigilantism, and mob rule. President Obama was guilty of a rush to judgment when he accused Sergeant Crowley of the New Haven Police Department of “acting stupidly” in the arrest of Professor Gates. Progressives in general are guilty of this anti-government (to complement their anti-corporation and anti-capitalism positions) prejudice in assuming that “the authorities” have evil intent. This becomes most visible when they, the Progressives, are in fact “the authorities” as with Lynn Woolsey, Nancy Pelosi, Barbara Boxer, and President Obama.
So Chris Rock explained this all most brilliantly right here and should be required viewing for anyone who wishes to get a college degree. It’s one thing to have uneducated people living in ignorance of how encounters with authorities play out. It’s plainly unacceptable if the most pampered, privileged, and educated among us have no idea how this relationship between citizen and government works.
Which brings us to President Obama’s second gross faux pas regarding law enforcement. He said that Arizona SB 1070 “may lead to racial profiling”, and that’s just uninformed. I’ve read the law, and it provides more protections than the federal statute to safeguard the civil rights of citizens, the most basic of which is the right to be left alone by authorities. What seems to be bugging the President, and other opponents of Arizona SB 1070, is the idea of “probable cause”, which they seem to see an opportunity for abuse.
This is old news, “probable cause” is fundamental to enforcement of any law. Without probable cause, civil culture fails and with it goes prosperity and safety. We end up like Nations where the culture has never supported legitimate government (including peaceful succession). Police, prosecutors, and judges deal with probable cause every day, and in the staggeringly overwhelming the majority of cases get it right. If certain citizens don’t like this concept, that if okay. When our elected government leaders don’t like this concept, or want to apply it selectively, that is most definitely not okay.
Well, Johnny did it too! Yes, the Bush Administration showed no great interest in this particular aspect of national security. The people we elect to govern and represent, though, are supposed to act like grownups, not third graders. The truth is that both “sides” have failed on this issue of immigration. Republicans have no interest in cutting off the flow of cheap labor, and Democrats have no interest in cutting off the flow of future block voters. Both sides have placed partisan politics above the good of the Nation.
We have Arizona, and perhaps the Tea Party, to thank for forcing this issue. I would be thrilled if the citizenry and politicians learned broader lessons from this, as well. There are many lessons here, and the future of our Nation depends on all of us basing our decisions, whatever they may be, on adequate knowledge of the facts of government.
Thanks for your time and patience on this, I know it’s been a long hard pull. I hope it’s been worth your time. G’day, all, and may God continue to bless America!
Tags: barack obama, cheap labor, chris rock, civil rights, crowley, democrats, future voters, immigration, judges, nation of laws, new haven, new rights, police authority, probable cause, professor gates, prosecutors, republicans