[mod.politics] why we have laws

Hank.Walker@gauss.ece.cmu.edu (10/30/86)

When I hear statements like "We don't need a law on X, we'll do just
fine without it," my immediate reaction is "Why was that law passed in
the first place?"  Presumably people don't go around passing laws
because they're bored.  They had a reason, and were able to convince
the majority of the legislators that it was a good reason.  The child
labor laws and laws limiting the length of the work week were passed
at a time when robber barons perpetrated all sorts of nasty evils on
people.  Laws regulating the purity of food were passed in response to
Sinclair Lewis's "The Jungle."  I was told that Teddy Roosevelt was
reading the book while eating a sausage for breakfast.  (Roosevelt was
an avid reader, reading perhaps a book a day).  When he got to the
part about how they make sausages, he got so disgusted that he threw
his sausage out the window, and had the filth laws passed.

Now circumstances may have changed since a law was passed, so that it
is no longer needed.  We've all heard those jokes about the amazingly
strange laws on the books of some cities and states.  There are three
ways of dealing with such laws: A) ignore them, B) have them
automatically expire, or C) have them repealed.  Alternative A seems
bad, since this breeds disrespect for the law, and allows arbitrary
enforcement.  B is the "sunset" provision, where the onus is on those
in favor of keeping a law, while C puts the effort on those in favor
of repealing a law.  I'm personally in favor of B, with laws expiring
automatically after 10-20 years.  Those laws that enjoy widespread
support will be extended with trivial effort.  Controversial laws will
have the debate they deserve, and obsolete laws will disappear without
comment.
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