law


I ran across this article from the LATimes.  I’m tempted to fisk it, but instead of shooting fish in a barrel, I just wanted to point out one thing which the illegal immigrants provide – argument wise.

The concern extends to farmers, who fear more sweeps will drive away labor at a time when some are struggling to get enough workers to pick the crops.

“They’re not going to be replaced by American workers,” Cunha said. “Don’t punish the businesses. We’re not the ones that came up with the sanctuary state.”

“Who is going to work the fields? No one,” he said. “This is a difficult job, and all of us are from Mexico.”

Most of the article is a whine about this stress and conditions in which these illegal immigrants work.  The author goes at length to depict ICE as the origin of fear.  Comments under the article focused similarly on these issues.  I, however, think the comments above are related to slightly different issue.  In this country, who is going to do the work legally?  The California labor law as it is, what farmer could afford to hire Americans to do this job?  There are jobs which do not rise to the official minimum wage level.  Since this artificial level has been established it also sets up the market for illegal labor to do those jobs which cannot be financed at the artificial level wage.  We see the marionette of the illegal labor being pulled back and forth across the stage and I’m noting that the strings may be connected to a wage law poorly conceived and long defended as a protection for the poor even though its application does the exact opposite of what it’s promoters purport.

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As you could probably tell from the previous post, I went momma bear on that story.  After some reflection, I came to a realization that was much more troubling.  Let me start with Batman.  I like old movies and believe they still hold the best characters and story lines.  Batman would receive a call from the commissioner that there was a bad guy needing apprehension.  Task done, the bad guy would see vertical grey lines in his future.  This was a quiet storyline in each of the tales.  Batman would do his best to meet the challenge, and the bad guy would see bars.  The same was in the radio show of the Lone Ranger.  He was a bit more explicit though.  The Lone Ranger stated his purpose was to help law enforcement establish the law.  Superman also delivered the bad guy to jail.  It was quite a break with tradition to have the bad guy in the movie die.  That happened in the ’80’s.  I noted the difference then.  For decades, the quiet push was to have law enforcement establish the law and everyone was bound by that law.  Order was known to exist when everyone was abiding by the law.

What happened prior to the proliferation of lawmen?  How were people to protect themselves?  We had the second amendment.  It isn’t a hunting clause.  It is a self-protection recognition.  It has been noted to apply to protection against government and is properly know to exist in that realm.  It is also to exist in the realm of self-protection.  The individual was charged with ability to protect him or herself.  After all, there were no police to assist.  There was no 50 minute for response to a call.  There was no place to call except oneself and maybe a neighbor.

Once it is known that the law will not be protected or enforced by the government, why should anyone trust in either?  This concept removes the decades of learning to rely on application of the law and instructs the citizen that justice is only found if done by oneself.  If that concept reverberates through society, the action by this judge will have much grander results than anyone can vision.  Note, I do not use the term “grander” in the positive sense of a Paramount Picture, but in the scale term it generates.  If one captures a parasite in the act of evil and pins them to the ground, what now will be their consideration?  Hold them for a justice system that will not provide any due course for their actions, let them go to keep practicing evil, or administer vigilante justice on the spot.  With the previously noted action, this judge has tilted the scales towards one of those above options.   What is left for wonder is if this concept and potential for chaos was at the root of the decision.

In my Bible reading, I am going through 2 Chronicles presently.  There was a decent king named Jehoshaphat in chapter 19 who set up judges through Israel  and charged them, “And said to the judges, Take heed what ye do: for ye judge not for man, but for the Lord, who is with you in the judgement.  Wherefore now let the fear of the Lord be upon you; take heed and do it: for there is no iniquity with the Lord our God, nor respect of persons, nor taking of gifts.”  What struck me was the very last phrase of this.  While the judges were placed in position with authority to pass judgement on the people of Israel, they had to be reminded that they were in the position of God and not allow themselves to be bribed.  Somehow I see this admonition as a bit higher than our present appeal to the law.  This one was an appeal to judgement of God.  We presently view the law as the utmost authority in this country – when it is followed, and recognize that the law can be changed by actions of the legislature.  The appeal here is to the One for whom no change is possible, and truth is absolute.  For Jehoshaphat to charge them this way tells me that bribery was present 4000 years ago.

Pessimism may be the likely feel of the comment on this post, but I think him accurate down to the potential for the right leader to come forth.  I am not that optimistic.  The MSP has done their best to ensure that no good, decent, American loving leader will ever see the political light of day.  Two words: Sara Palin

LC SecondMouse growls and barks:

Tallulah @ #12:

When will the Worm Turn, indeed. I have thought at length about the future of the United States, given the circumstances of the present day and the speed and direction of key trends culturally and politically.

I regrettably believe that the most likely outcome is continued decline along the vectors that have been established during the 20th century. Here is where we will get to see Samuel Clemens proven correct about history’s propensity to rhyme. Before long, the US will reach the end of its ability to monetize trust in the dollar, destroying its ability to borrow, which will be the beginning of the end of the welfare state. Capital controls will be instituted, retirement accounts will be confiscated and replaced with some government system, means-testing for all kinds of benefits will be instituted or strengthened, taxes will go up, and inflation will start hitting consumers hard. Private ownership of gold will be outlawed (as has been done once before, for 30 years), forcing law-abiding citizens to sell to the government for less than they are worth. In short, the government will be scrambling for money, and starting to limit the flow of funds out of the country and into various programs as a matter of necessity. All of these actions will have further negative effects on the economy, costing the citizens jobs and the government tax revenues. The police state will grow by leaps during this period. Private security organizations, already growing twice as fast as public security in the US, will expand dramatically, and they will not be subject to the kinds of controls public officers are accountable to.

By the end of this phase, the transition of the government mindset and behavior model will be complete. What was once a calling to serve will now be a position to regulate and control. Citizens will be fully subordinate to government, with all that that implies. Efforts to enforce gun control will be renewed with vigor, possibly with seriously destabilizing consequences, all of which will be used by the government to press its advantage. The government will become acutely aware of the lack of having a monopoly on violence, and will be forced to do something about it or fear losing control.

Life will have become considerably more difficult for most Americans by then, with joblessness continuing at a large fraction of the population, wage stagnation, and price inflation of key commodities squeezing consumers and the weak economy. When the US dollar loses reserve currency status with the rest of the world (say, 10-15 years), we will suffer a series of inflationary shocks that will likely finish off the wobbly middle class.

Somewhere along this vector is serious internal conflict. I am inclined to think it will look like Baltimore last night, or Ferguson, all on a larger, uglier scale as the welfare class starts feeling the pain of rapidly declining buying power. Imagine city-wide riots that go on for days, with buildings burning, streets barricaded and the occasional running gun battle with police and private security outfits. When it gets ugly enough, there will be serious conversations about exit strategies within and among like-minded states. One likely scenario is the balkanization of the United States, with states that have their shit more or less together declining to share the fate of those that don’t.

If the United States shatters, there may be places that emerge with some decent part of the American legacy still intact, which is perhaps the good news. States like Texas, Wyoming, Montana, Idaho and the Dakotas are still pretty unscathed by the rampant collectivism destroying most of our major cities.

On the other hand, the prospect of a turnaround, although not impossible, appears improbable. No nation caught in these types of internal forces has ever successfully overcome them on its own to return to its former state. Assuming the imminent election of an imaginary perfect person for the job, I am not sure it is even possible given the degree of damage already done to our culture and a large fraction of the American citizenry.

I can say that if we could pull off a turnaround, we will destroy for many generations the arguments in favor of collectivist thinking which have held sway over our nation for these last several generations. We may struggle economically for awhile, but the wholesale return of liberty and reduction of government and other parasitic drags on the economy would do wonders for American optimism, making a turnaround an increasingly sustainable thing, if enough progress can be made before it is too late.

It is possible that the right leader could at least begin the journey; soften the hard landing; and accrue enough visible benefit to ensure that the right people have been sufficiently motivated to continue the fight. That at this point might be all we are entitled to hope for.

When these kinds of forces have been unleashed on other nations in the past, their citizens had the option of fleeing, many to the US. This time around, there is no US to flee to, and many other nations are experiencing similar problems, likely increasing the length and severity of our own problems here at home.

The reason for this is that a real revolution is needed to destroy any actual basis provided by the Constitution.  Presently, it is ignored, but the goal is to totally destroy it, and there is only one way to make that happen.  The cultural pendulum is being pushed in that way by all the MSP, education, and entertainment forces we have.  The riots cannot be formed from those who believe in justice and law-abiding citizens.  They are formed from the concept of group identity – the hyphen first. From my perspective, the only way to return to our base is to desire, as a culture, return to law abiding and consequences for all who break the law.  I mean all.  That will require a near total change of the representation in Washington.  The training lawyers receive will have to be altered as well.  I was looking for a particular article which described a lawyer in training having to find cases to support a litigation and discovering that there were as many cases on the opposing side.  The unstated result is that the truth of the matter doesn’t matter.  It is the politics involved that ultimately move the case.  While looking for that article I found another interesting one.  Remember that these are the individuals who end up being judges.  Once seated, these individuals who learned to cheat in law school are the ones deciding cases for the next twenty years.  Change in the correct direction will be slow, it at all existent.  Lastly, don’t forget the treatment of judges who believe the Constitution and rule of law.  Two more words: Robert Bork.