[net.politics] YOU ARE LOSING YOUR FREEDOMS

carnes@gargoyle.UUCP (Richard Carnes) (01/23/86)

Will Martin writes:

>So it is inevitable that, as the number of laws
>imposed upon us constantly increase, our freedoms steadily decrease.
>....From before I was born there
>have been steady efforts to decrease the freedom of gun ownership,
>from the National Firearms Act of the 30's through the '68 Gun
>Control Act, plus innumerable local and state laws, each action
>steadily decreasing my freedom. I see the same things happening with
>knives, from the anti-switchblade laws of the 50's to the current
>anti-martial-arts-equipment legislation at local and national levels.

Question for Mr. Martin:  What were the intended purposes of these
laws, or of others that may occur to you which you particularly
dislike?

Dave Kirby writes:

>How about a Constitutional amendment that requires a 90% vote in
>Congress to enact a law, and a 51% vote to repeal it?

Thought experiment:  What would have happened in the US if the
Constitution had contained such a provision from the beginning?  What
bills passed both houses by a nine-tenths majority (or even a
three-fourths majority)?  What would things now be like in the US if
only these bills had been enacted?  Would these same bills have been
passed into law if the nine-tenths provision had been in effect, or
would different ones have passed?  Too bad the Constitution was
drafted by a committee of Founding Fathers rather than technoids from
the net.

  For law in its true notion is not so much the limitation as the
  direction of a free and intelligent agent to his proper interest, and
  prescribes no farther than is for the general good of those under
  that law:  could they be happier without it, the law as an useless
  thing would of itself vanish; and that ill deserves the name of
  confinement which hedges us in only from bogs and precipices.  So
  that, however it may be mistaken, the end of law is, not to abolish
  or restrain, but to preserve and enlarge freedom.  For in all the
  states of created beings capable of laws, where there is no law there
  is no freedom.  For liberty is to be free from restraint and violence
  from others; which cannot be where there is no law:  and is not, as
  we are told, a liberty for every man to do what he lists.  (For who
  could be free when every other man's humour might domineer over him?)
  But a liberty to dispose, and order as he lists, his person, actions,
  possessions, and his whole property, within the allowance of those
  laws under which he is, and therein not to be subject to the
  arbitrary will of another, but freely follow his own. --John Locke,
  *Second Treatise of Civil Government*
-- 
Richard Carnes, ihnp4!gargoyle!carnes

matt@brl-tgr.UUCP (01/24/86)

> >How about a Constitutional amendment that requires a 90% vote in
> >Congress to enact a law, and a 51% vote to repeal it?

> Thought experiment:  What would have happened in the US if the
> Constitution had contained such a provision from the beginning?  What
> bills passed both houses by a nine-tenths majority (or even a
> three-fourths majority)?  What would things now be like in the US if
> only these bills had been enacted?  [RICHARD CARNES]
	
[There follows a long quotation from John Locke to the effect that
 where there is no law there is no freedom.]

I agree with Mr. Carnes that a 90% majority requirement for the 
passage of laws is not a good idea.  I agree with Locke that we
need laws (if only to keep lawyers from starving :-) ).  And I
emphatically agree with Mr. Carnes that it's a good thing the
Constitution was written by the Founding Fathers rather than by
technoid network types.

HOWEVER:  Most laws passed in the past 31 years are not confined
to the admirable purpose of protecting the weak from the strong.
Most recent laws either restrict people's freedom or spend their
money.  And many of them do both simultaneously!  I can't believe
that that is what Mr. Locke or the Founding Fathers had in mind.

					-- Matt Rosenblatt
					(matt@amsaa.ARPA)

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TRUTH     JUSTICE      FREEDOM      YIDDISHKEIT     IVY     THE AMERICAN WAY

janw@inmet.UUCP (01/27/86)

[Richard Carnes, ihnp4!gargoyle!carnes]
>Will Martin writes:
>
>>So it is inevitable that, as the number of laws imposed  upon  us
>>constantly increase, our freedoms steadily decrease ...

>Question for Mr. Martin:  What were the intended purposes of these
>laws, or of others that may occur to you which you particularly
>dislike?
 
 The question is not for me, but I see  no  reason  not  to  butt
in...   Probably everyone has a pet peeve, as far as bad laws are
concerned.  But don't you think  one  can  object  to  the  sheer
*volume*  of legislation? If someone made you swallow a bucket of
water (there used to be a torture like this) no particular mouth-
ful would be objectionable *in itself*, but they would be togeth-
er.  As for "intended purposes",  why  read  minds  -  collective
minds  to boot ? It is the *effect* of a law that matters. Inten-
tions are irrelevant.

>Dave Kirby writes:
>
>>How about a Constitutional amendment that requires a 90% vote in
>>Congress to enact a law, and a 51% vote to repeal it?

>Thought experiment:  What would have happened in the US if the
>Constitution had contained such a provision from the beginning?

I don't know. Do you ?

>What bills passed both houses by a nine-tenths majority (or  even
>a three-fourths majority)?

Very few, I am sure. The Tonkin Gulf resolution was one ...

>What would things now be like in the US if
>only these bills had been enacted?

I don't know. Do you ?

>Would these same bills have been passed into  law  if  the  nine-
>tenths provision had been in effect, or would different ones have
>passed?

Different laws. (Better or worse ? - I don't know).

>Too bad the Constitution was drafted by a committee  of  Founding
>Fathers rather than technoids from the net.

Come on, Richard, that is a snobbish remark.  They  weren't  pro-
fessional  Founding  Fathers  - just plain professionals like the
netters: lawyers, planters, traders. And Franklin might  even  be
called  a  technoid  by someone who disliked him. Whatever they
were, they would hardly discourage non-founding-fathers from dis-
cussion and suggestions, would they ?

>  For law in its true notion is not so much the limitation as the
>  direction of a free and intelligent agent to his proper interest, and
>  prescribes no farther than is for the general good of those under
>  that law:  could they be happier without it, the law as an useless
>  thing would of itself vanish; and that ill deserves the name of
>  confinement which hedges us in only from bogs and precipices.  So
>  that, however it may be mistaken, the end of law is, not to abolish
>  or restrain, but to preserve and enlarge freedom.  For in all the
>  states of created beings capable of laws, where there is no law there
>  is no freedom.  For liberty is to be free from restraint and violence
>  from others; which cannot be where there is no law:  and is not, as
>  we are told, a liberty for every man to do what he lists.  (For who
>  could be free when every other man's humour might domineer over him?)
>  But a liberty to dispose, and order as he lists, his person, actions,
>  possessions, and his whole property, within the allowance of those
>  laws under which he is, and therein not to be subject to the
>  arbitrary will of another, but freely follow his own. --John Locke,
>  *Second Treatise of Civil Government*

Well spoken, John. Well quoted, Richard.

Let me quote another classic:

But this I know, that every Law
  That men have made for Man,
Since first Man took his brother's life,
  And the sad world began,
But straws the wheat and saves the chaff
  With a most evil fan.

--Oscar Wilde, *Ballad of Reading Gaol*

Can the two texts be reconciled ? They might be, if laws were not
something  "men made for Man" but contractual obligations, volun-
tary undertaken. They would then be more like Locke's  "direction
of free and intelligent agent to his proper interests".

Let me ask you a few questions, too. Can we have *too many* laws?
If  the 51% - 90% rule is bad, what ratio would you favor ? Or
is 51-51, by sheer chance, ideal ?  Don't you think,  if  Locke's
ideal is to be fulfilled, that people should *know* the laws they
obey ? Is that possible now?  The new  simplified  tax  code,  as
passed by the House, has 1400 pages... Do you think the garden so
well planted by Founding Fathers is never to be  *weeded*  ?  And
don't you think that is how the 51/90 formula could be described?

Personally, I think the formula imperfect in that it does not ad-
dress  *length*  of laws, or their clarity; but most importantly,
*regulations* which Founding Fathers somehow omitted  from  their
blueprint  for the Republic. Are you sure they would side
with you in this discussion?

			Jan Wasilewsky