This is a great article, short and sweet so to say! I found on a website As A Mom...enjoy!
Natural Law and Natural Rights: The Basis of Freedom
Do you believe there is a Power higher than yourself and your Government? Do you believe that man is born FREE with the inalienable rights of life, liberty and property? Do you believe that the role of Government should be limited to the protection of these Natural Rights?
Or, do you believe Government is the Highest Power and has the ability to grant and revoke rights to individuals and to create arbitrary law?
I know it seems overly simple, but really understanding Natural Law and Natural Rights is just that - simple.
If you answered yes to the first set of questions, you believe in Natural Law - also known as Common Law or Scientific Law. Our Founders believed that the laws that should govern human beings are the same laws that govern the natural universe. Natural Law is based on fact and logic and contends that all men are created equal with no exemptions or special privileges. Natural Law is based on the 2 fundamental laws 1) do all you have a greed to do, and 2) do not encroach on other persons or their property.
In a society built on Natural Law, government should necessarily be very small and legislation should be bound to the 2 fundamental laws. With this foundation, the Law is solid, predictable and knowable and will therefore foster liberty and security while at the same time neutralizing political power. A society based on Natural Law will have a stable economic climate and will supply the perfect environment for advancement and prosperous growth.
On the other hand, societies built on Political Law - where the Government is the Highest Power and accountable to no one - will be ruled by whatever the power-holders decide. In a political environment, humans have only the rights which the people in power wish to grant, and they can be revoked at anytime. Political Law requires an enormous government. Laws change often, usually in response to political pressure or influence. Because there are no fundamental truths, and laws are arbitrary, the power-seekers will always find more power and the liberty and security of the society will always be under attack. In this type of political environment the economic health of the nation will swing wildly with booms and busts and redistribution of wealth is forced on the population destroying incentive to prosper.
Our great American Republic was built on Natural Law, yet over the years the heady power of Political Law has been creeping in and is destroying every facet of life for each of us. As American's become more aware of what the problems are and learn the basic principles that our country was founded upon, we will be able to make the changes necessary to restore the Republic.
©Copyright Diana Learn & AAM 2009
The life and times of our family as we face the ups and downs sometimes muddling is all we can do, and that is okay!
Friday, April 30, 2010
Sunday, April 25, 2010
Spring and snow and spring? We hope!
So living in Utah you have to realize the weather is bi-polar in the spring. We had beautiful days, snowy days and rainy days all this week!
Monday Micah and Izak had piano. For scouts we were studying native plants and we took a little walk through the creek in our neighborhood. It was nice to be out and not cooped up. We met my family at Thanksgiving Point for the Tulip Festival at the gardens. It was busy but still very beautiful and 40 percent of the tulips were open. If you look at the collage the other flowers haven't come to life yet so it's still pretty barren in parts but it was very pretty and great to be outside. The kids had fun feeding the gold fish that are in the pond near the rose garden which is still hibernating. We ran into our good friends the Maags who live across the street. I am surprised we didn't see more people we know. It is a big place so you don't always notice how busy it is. We went to JCWs for twist cones on the way home.
Tuesday I helped in Zane's class. Zane's friend was suppose to come over but he got sick. Zane had soccer practice at our house that night. Don't remember much about the rest of the day. But it was pretty! Wednesday the rain came in. I was going to take Zane and his friend Marc with Gwen to the Thanksgiving Point Farm. With the weather so iffy we rented Astroboy which they didn't really like, it's too sad they said. They said that he dies 3 times--sorry if I ruined it for you. But I think that's why it didn't do well. Gwen got to go in her friend Sophie's jacuzzi when the rain stopped. Timo's group performed their song Come Thou Fount. Emily had a party for a boy from her class. She was one of 3 girls. Izak had a soccer game that night and Tim had to coach until the coach could get there. They got soaked. They also got hailed on right when the game was going to start and had lightning so they waited in the cars to see if it stopped and it did so they played but the rain kept coming down. I spent most of the afternoon making stuff for the bake sale at the school Thursday during the Walk-A-Thon. It was to raise money for the teachers for supplies--some schools they can't make copies anymore because the budget is done. Thursday morning we woke up to snow! Gwen and I went to a boutique/craft fair thing in the morning. Emily had piano and in the afternoon was the Walk-A-Thon fundraiser for our PTA and the weather was GORGEOUS. The kids did it while I went and checked out the silent auction gift baskets that were being auctioned--I did a cookie themed one for Zane's class. They had a lot and they were very fun--lots of BYU ones and they did well! I guess it has raised a lot of money so far. We have a wonderful community that is so supportive!
Friday I went to the zoo with Micah's class. It was a lot of fun even though it rained. Half the moms that went were from our neighborhood! I think only 2 didn't go who had second graders! Mind you that year 22 babies were born in our neighborhood! Unfortunately, it rained all day we got a reprieve in the Reptile House and other indoor exhibits but once we stopped to eat the boys--Micah and 2 friends got cold and just wanted to go back to the bus. But we had an hour to kill yet! So we spent at least 30 minutes with the giraffes! Did you know they chew, swallow and regurgitate and chew some more? We actually could see the giraffe do it. Micah's favorite was seeing the Burrowing Owl eat a dead baby rat and pull it's guts out--yuck! I really liked seeing the Barn Owl a zookeeper was holding as we milled around outside, beautiful birds. I tried to get a photo with my phone since I forgot my camera, it's blurry! My friend Stephanie watched Gwen for me. Taran picked her up after he was done with school and came home to a locked house! In the nasty weather. Luckily one of his friends were home so they hung out over there until Tim got home with a key. Taran also found out that the wind had sucked off his window in the storm but didn't break when it fell! So a new project for Tim! That night I went to a baby shower for my cousin Gwen--yep we liked the name and my cousin so we took it! She and 2 of her sisters are pregnant so it was fun to see them. They are all do within the next couple of weeks! My Aunt will be busy helping over 6 weeks! Taran and Timo went to friends to watch the Jazz win! Emily hung out with her friend Kassie. Tim let the little boys watch The Blind Side on Clearplay. What a great show!
Saturday we had soccer games 8, 9, 10, 11:30 and 1 PM! We were going to try to get to Timo's lacrosse game but it ended up being at 9 AM and we couldn't get there with that schedule when he can't play. We tried earlier in the week to go to another game but with the crazy weather it got canceled! Emily and Izak refereed 2 games each also. Emily scored 4 goals in her game, one was picture perfect! Taran scored in his game too. We had a couple of hours to finish up some housework and yard work--Tim mowed and trimmed. Unfortunately, we didn't get it all done that we needed so we'll be behind this week and this Saturday is shot! We met my family at Brick Oven Pizza for my brother Charl's birthday. It has been at least 15 years since I have been there. It was yummy then we went to my mom's for cake and ice cream. Taran also got his gifts from my family, money and an itunes gift card. We ended up being there late. Everyone was full so they played outside for awhile. It was a fun evening!
Sunday I spoke in church. It seemed to go well. I kind of obsess in my mind my whole talk after I should have done or said this... Owell! I got called at 8:30 AM--church is at 9 AM to sub. Zane's teachers had strep throat. I had just enough time to print out the lesson and skim it--I had been pondering how amazing it was that I was ready for church early. That was why, so I could gather things together and it actually went well! I enjoy Primary. Our hometeachers came, they are jewels we love them! Taran went hometeaching and Tim and Timo went as well! We also had Manly choir and boy do they sound AMAZING! My parents found my cell phone in their car and had some other stuff we left to bring out so I invited them and Teresa over for dinner last minute. It was a nice visit and we had our devotional after they left. Just found out the Jazz won! Sweet! It's been a full week...this may also be another one. Timo is now walking on his foot with the aircast. It hurts tonight after walking around on it all day, hopefully it will just get better over time and not mean that it is not healing!
Have a great week the last of April!
Sunday, April 18, 2010
Seeing signs of spring...
So this week was back to school for the kids since Spring Break. We really haven't adjusted to daylight savings and the terrible late night schedule we had over the break so getting the kids up wasn't easy but at least it is getting lighter! Taran found out Monday that he made the Chamber Choir. This a prestigious choir. They sang at Carnegie Hall this year and last year were 2nd in the nation by 1 point! Most of his guy friends who tried out also made it too. He is pretty excited even though some of his girl friends did not because they will still do A Capella and he will take that also. This will mess up his schedule a bit and he may not be able to take come classes for a local scholarship--you have to take extra science and math. So I told him, "you better get a job!" That was after I congratulated him on making it! As I have written before I am learning to step back and let my kids make important decisions so if he gets his ACT up to the 30s he will get a scholarship to BYU which is where he wants to go. Luckily Timo is on track but it is likely that the money will run out before they both could get it anyway! Izak and I had scouts Monday afternoon. That night we played flashlight hide and seek for family night.
Tuesday I helped out in Zane's class. Timo wasn't feeling well so I picked him up after his AP class. I went to the temple when Taran got home from school. Tim had Zane's soccer practice that night. Timo was too ill to go to his lacrosse game that night. So I went shopping for some stuff for this silent auction basket I had to do for our PTA fundraiser this week.
Wednesday playgroup was here so I decided to take the girls to Thanksgiving Point farm to see the animals. Unfortunately one of the girls did not want to get in the car! So her mom took her with her to run errands. So I had only one other girl than Gwen! As you can see in the collage they had fun and Gwen's favorite was the bunnies. We had to look at them twice. The baby animals were so cute. We bought corn to feed them and the girls pretty much through their kernels at the animals. They still got it! Zane was at his friend Marc's all afternoon. It got progressively nicer all week. I was able to get all the rest of the stuff I needed for the silent auction basket. That night Tim was busy and I had a scout committee meeting.
Thursday I spent the whole morning weeding. Gwen played in her bike and scooter and helped at times. I spread Preen over the areas I had weeded. It was very satisfying. My allergies started acting up so I showered after I got Gwen lunch. I kept the doors open and I seemed fine after my shower. The cool breeze was nice in house. Zane went to his friend Camden's after school. This was our crazy afternoon: Emily piano, Micah scouts, Timo lacrosse, Izak soccer practice, Emily and Micah soccer practice, Taran coaches a soccer practice, regional basketball game Timo, Timo and Taran soccer practice--Tim coaches. Luckily Taran can drive people around so he helped out.
Friday I walked to Walmart with Gwen. We got a birthday present for Izak's friend and milk. I tried to weed some more, just get as much done as Thursday. Zane's friend Marc came over. I rented some movies from Redbox. They watch Alvin & the Chipmunks the Squeakquel. The loved it, I have no opion since I did not watch it. It was a little overcast but not cold. Taran called me from school sick so I checked him out of school. He took some medicine and went to bed. His Spring Fling date started out that night with a fire up the canyon and s'mores so he didn't want to ruin it for his date. Tim gave him a blessing and he was fine in the end. A wonderful miracle! Izak went to a friend's birthday and they took all the friends up to their cabin in Midway--an hour away from here. They had dinner and road ATVs and other activities. He had a great time. Zane's friend Isaac came over for the afternoon and they collected potato bugs. Gwen played with Max her buddy across the street. Timo hung out with friends once he got his stuff done. Tim took Emily to get new cleats in between fixing the toilet in the basement. Micah watched Alvin with Zane and Gwen while I watched the Family Movie on NBC-Secrets of the Mountain while I exercised. Tim described it best, he said that it reminded him of the movies on the Hallmark Channel. It was a good family show.
Saturday we had 2 soccer games at 9 AM and Emily refereed at 9 AM. So I took Micah to his with Gwen and Zane. Tim coached Timo and Taran's team. During Timo's game he rolled his foot really bad when he kicked another kid's foot. Luckily my mom was there and she was able to bring him home during the game when it started hurting really bad. It was really swollen and he had heard a pop. Meanwhile Micah scored 3 goals in his game. Taran scored 2 goals in his game and then went to coach his team after his game ended. Tim called me about Timo on my way home. So when I got there I formulated a plan. My mom took Emily to her game--which I was going to do but now I needed to get Timo to the doctor. Tim had to referee at that time. My mom had planned to watch Emily any way and Emily had a ride home from her game so my mom didn't have to drive back up here. I picked up Izak from refereeing and he went with another player to his game and Tim went to his game as soon as he was done. Izak had to be there early to warm up or Tim might have been able to take him. In between everything I kept calling our doctor's office to get an after hours appointment. They were there they just didn't have anyone answering at the time--the nurse was doing both jobs. I finally decided I would take Timo to Urgent care. It's $10 more co-pay but in the end I think it saved us money and time. I also called his coach to let him know Timo was hurt would not be at the game that afternoon. Tim had arranged to have his assistant coach Zane's team since he was going to drive Timo but now he took over Izak who I was going to take. Taran took Zane, Micah and Gwen to Zane's game. I took Timo to Urgent care after Taran got home from coaching his game. Luckily it's just a bad sprain but he can't put any pressure on it all week so we is on crutches. They splint wrapped it and gave me an air cast for the second week. He handled it all fine with Ibuprofen. It tried to buy crutches at Walmart but they were out. I got Timo and Emily lunch at Wendy's. Taran got the other kids lunch at Wendy's and I think Tim took Izak to Wendy's too. It was our splurge and helped us handle the crazy schedule! Zane scored in his game too. Taran promised him a frosty when he got hurt and wouldn't go back in so he went back in! Taran came home and crashed and Timo did too. Emily finished her chores and the little boys had done theirs Friday night so they got to play. They did water balloons while I weeded. They had a lot of fun. Gwen joined in and a few of the neighbor kids. Tim worked on the sprinklers to make sure they survived winter and went back to the toilet problem it was constantly running and he changed a part he thought would fix it and it didn't. Then stuff started breaking off so after about 20 trips to Home Depot he got it totally fixed. YEAH! I even helped a little. Taran wrote his talk for church today and then got ready for his date. Unfortunately I was still in weeding mode and looked like a cross between Napoleon Dynamite and Professor Sprout when Taran's date showed up! Tim had sprayed weeds too. His date was very gracious and fun to talk to. Taran had a really fun night; they ate a girl's house and went to the dance and after they went to Wendy's for Frostys! Can you tell that Wendy's has a monopoly where we live? (we are getting a McDonalds) Meanwhile Tim and cleaned up after dinner and went to Coldstone to use some of a gift certificate he got for his birthday. I got banana and chocolate shavings--it was yummy! We also looked at plants at Home Depot and got the last supplies for the toilet and more Preen. Exciting stuff! Emily held down the fort. She, Izak and Micah did Timo's chores. They also watched a Spongebob dvd that I rented and Alvin before I took them back at about 8:50 PM! I also rented Minor Details which was filmed at AF Junior! It was a cute show, Emily, Izak and I watched it. Timo's friends came over and shot hoops at our house and visited before they went over to his friend's. He got over there on crutches. We watched The Blind Side while we ironed and folded laundry. Timo got home just after we started and Taran saw the end with us. Loved it! Taran and the little boys want to watch it now. We borrowed it from my parents, hopefully no one wants it back soon. It was a late night.
Today Taran spoke and he did a good job. The meetings were good, as usual. We had Manly choir here. Tim and Timo had hometeaching. Timo had singing practice with a group from school which are neighbor kids too but they have to sing for their choir teacher this week in small groups. They chose Come Thou Fount. It sounds great. Timo also had BYC so he had a very busy day on crutches!
So that was long and detailed, sorry! This week is another busy one but still good. I feel rejuvenated by spring being here even though I am battling allergies. I hope to plant some more plants soon! I feel very blessed to have so much good in my life when I know so many struggle.
Friday, April 16, 2010
Freedom Friday
I just got this youtube video from my mom. I watched it but it is very poor quality. I tried to find a better version but I can't find one so please watch it anyway. I am wondering why I have NEVER heard of this guy. I am sure the media is afraid of him! Here is an little summary that came with the video. "Below is a video clip of a speech given by Lt.Col. (retd) Allen West who served as a commander in Iraq, and talking about Islam. Listen to this man, and scroll barely down under his speaking platform, where you will not find his words printed on the screen as he speaks. This man put Barack Hussein Obama, some of our leaders, politicians and the media to shame in his speech and never called any by name. You will probably listen to it more than once."Allen West speech
People need to get behind this guy in Florida.
People need to get behind this guy in Florida.
Sunday, April 11, 2010
Spring break and another birthday...
Let's see I don't think I'll go into every detail but maybe list what we did so you might get idea what in the heck all these photos are from in the collage. We had hoped to go to sunny California but it didn't quite fall into place. But I think we had a a lot of fun any way, snow and all!
Monday: 3D dinosaur movie w/ my dad, Taran got asked to Spring Fling by Kelsey (Homecoming Queen), he is shocked I was not...FHE Final of the NCAA basketball tournament...Butler soooo close Izak wins our family 'pool' he picked Duke, later Taran and friends went bowling
Tuesday: back to the Dinosaur Museum to see it w/my dad and some friends of the kids whose dad was in China over the break, Taran replied to Kelsey, yes, of course! Timo went to Alice in Wonderland with a friend...Izak played lazertag with friends, Taran and friends watched the Jazz game and Timo did too with his friends
Wednesday: I went to Gardner Village with Emily, my sister and mom. Dad went to the Planetarium with his brother, Tim took little kids and a friend to Kangaroo Zoo (indoor inflatable toys place) and older kids mini-golfing, Timo and friends played basketball and night games awhile, Taran hung with friends all over, Tim and I went to a BYU Synthesis Concert (Jazz), they were celebrating KBYU Classical 89's 50th year so all their songs were Jazz versions of classical songs--very fun!
Thursday: we went to the actual zoo because it was the warmest day with 60 weather, bats were the big hit, we brought a friend, we starting watching our neighbor's dog, Lola so the kids took her for a walk, Taran and Timo play street basketball for 3 hours with neighbors
Friday: Tim took Timo to get his permit, we went to the Duck pond park, kids played football, fed ducks, played on the playground and we had a picnic w/ my dad too, then we went to my parents to help in their yard for until dinner, took care of the dog, Tim and I watched Sherlock Holmes with Taran and Timo we got a late start so they were done with their friends (Taran saw Old Dogs--not that great he said), we loved Sherlock Holmes
Saturday: Tim had choir stuff in the morning, when he got home we woke Taran up to sing happy birthday and give him his present (money), Tim took Micah, Izak, Emily and 2 kids to a BYU football practice and meet the players thing--loved that, I bought strawberry plants and grape plants, Tim planted the grapes and I planted the strawberries, I also planted peas, Taran helped his friend with his eagle project and came home for birthday dinner: pizza, and his favorite chocolate chip pan cookies with ice cream, then off with friends he watched the MJ This Is It and said that it was pretty interesting, Timo played basketball with friends and set up chairs at the church, we tried to go to bed earlier which we did but still not early enough
Sunday: Regular choir which Tim leads sang today and the childrens choir sang today which meant everyone but me, Gwen and Zane had to be there early to practice since last week was General Conference. It was a great meeting we have a girl leaving for Atlanta on her mission soon who spoke and another good speaker. Then we hurried out to Charl's ward for Tate's baby blessing, that was really neat. Afterward we enjoyed yummy breakfast food waffles, fruit and sausage and egg casserole and muffins...it was all super yummy! After a fun visit we stopped in at Tim's parents who live in the same direction and visited with them and Anna our niece and her boyfriend Buck too...we came home for dinner which was leftover pizza and watched the Prince of Egypt and Taran got asked to speak next Sunday and I made the mistake of laughing and got asked for the week after! Jokes on me now! It was a really nice day with family! Back to the grind of school but hey we have 6 weeks left is all!! YEAH!
Saturday, April 10, 2010
Happy 17th Birthday Taran!
So 17 years ago our firstborn arrived. It was a long painful labor but looking back it's been worth every minute. No, it hasn't been easy. But worth it, yes! Taran is turning into a great young man. He has things to learn like all youth but in some things he is ahead. He has a bright future. We are so glad he is in our family and for being the guinea pig. We love him and hope he has a great year!
This collage is mostly photos from this year and couple that I found that I had scanned since he was born before the wonderful world of digital cameras!
Friday, April 9, 2010
Freedom Friday
Excellent Article...now what to do???
April 09, 2010
Government Is the Biggest Lawbreaker
By Mark J. Fitzgibbons
Measured just by the number of victims, there is no close second place to government as the biggest lawbreaker. Measured in terms of impact, government lawbreaking is disabling our entire society.
When an individual or collection of individuals (such as a business) violates the law, there are victims who are harmed directly, and the law provides remedies. The law also recognizes that lawbreakers create harm to society as a whole, since the costs of lawbreaking are borne by society as well as by the direct victims. The law therefore exacts civil or criminal punishments on lawbreakers.
When government breaks the law, not just individuals, but entire industries are often the direct victims. Government lawbreakers, however, are not subject to the same standards as are individuals. Government lawbreakers have become arrogant, and government lawbreaking has therefore proliferated. If government were held to the same standards of legal sanctions for individuals, the weight of those punishments would actually crush government.
The question is: What can we do about government lawbreaking?
Philosopher John Locke wrote that the punishment should fit the crime, but that the purpose of criminal laws should be reparation and restraint. Those standards generally apply to non-criminal lawbreaking. That is, the punishment should require the injured to be made whole, if possible, and should be strong enough to discourage lawbreaking in the first place.
When individuals or collections of individuals violate the law, the number of direct victims is limited. When government violates the law, the number of direct victims is unlimited. Government has in place police forces, prosecutors, and a legal system to bring individual lawbreakers to justice. That same system does not protect society well when government breaks the law.
Government has established rules to protect itself against the calamities that would befall it if it were subject to the same levels of reparations and penalties for lawbreaking as apply to individuals. For example, governments have passed sovereign immunity laws making reparations for lawbreaking by government nearly impossible to achieve in many cases.
The system shields government from reparations for individuals. That makes restraints on government even more important. The Constitution was established with restraints in mind by expressly delegating only certain powers to the federal government. When constitutional restraints on government are ignored, the floodgates to government lawbreaking are opened wide.
That's the philosophical view. As a lawyer who regularly battles government lawbreaking, I can tell you that as a practical matter, it's much uglier and more mischievous. It's a problem embedded in the political establishment and the unelected regulatory bureaucracy. It's a disease of unparalleled magnitude, yet it is too rarely addressed even in print.
Just looking at some examples shows how disproportionate the system is against private lawbreaking versus government or public lawbreaking.
Bernie Madoff is in prison for defrauding many investors using a Ponzi scheme. The Social Security system has been pillaged. It is actually the world's biggest Ponzi scheme, but nobody has been punished.
Toyota is facing an auto industry record $16.4-million fine for failing to notify the government about defects. Would automakers Chrysler or Chevrolet, whose owners include the United States government, face fines of similar magnitude if they had engaged in the same conduct? The answer to that, of course, requires speculation.
But what if the Environmental Protection Agency is found to have violated the law by regulating greenhouse gas emissions of automobiles? The EPA was recently sued by Virginia Attorney General Ken Cuccinelli for that reason. Not a single automobile maker could violate the law for every car owner, but one government agency could, and probably did.
If a health insurance company were to violate the law, its victims would be limited to its policy holders. The individual mandate under ObamaCare is being challenged as unconstitutional and therefore unlawful as affecting every American.
After passage of ObamaCare, several companies announced their assessments that the new law would cost them hundreds of millions of dollars. Those announcements were made in compliance with the law, yet some Democratic members of Congress have demanded the company executives and their records for a hearing. That is the stuff of totalitarianism: punishing private compliance with the law when government is violating the law with impunity.
People often feel powerless to challenge government when it violates our paramount law, the Constitution -- and never mind the everyday, less visible violations of statutory and regulatory law by government. How do you fight Leviathan?
In the case of the executives called to testify before Congress, they and their lawyers could easily become heroes by going on offense at the hearing. Instead of testifying on their heels, they should identify the abominations in ObamaCare, expose the contributions received by the Democrats who called them to testify, and generally use the microphones to expose the hearing for what it is -- a circus. This is their Howard Hughes moment. Hughes, testifying before Congress, exposed his interrogators for the corrupt, incompetent politicians they were.
We're also starting to see more citizens organizing and challenging government. The legitimate application and enforcement of the Constitution is a main thrust of these new activists. Recently, Tea Party groups even formed a National Tea Party Federation to have a rapid response to the liberal media, which have aided and abetted government lawbreaking.
As people come to realize the government is the biggest lawbreaker, we may see the rise of a new breed of politicians and law enforcement officials who see their jobs as not merely tackling private sector lawbreakers, but tackling government lawbreakers as well. That may even be the big, innovative campaign promise that will sweep many new officials into office and sweep out incumbents who have tolerated, fostered, or engaged in government lawbreaking.
It's important to start, however, just with the recognition that government is by far the biggest lawbreaker in society. Solutions will continue to evolve from that.
April 09, 2010
Government Is the Biggest Lawbreaker
By Mark J. Fitzgibbons
Measured just by the number of victims, there is no close second place to government as the biggest lawbreaker. Measured in terms of impact, government lawbreaking is disabling our entire society.
When an individual or collection of individuals (such as a business) violates the law, there are victims who are harmed directly, and the law provides remedies. The law also recognizes that lawbreakers create harm to society as a whole, since the costs of lawbreaking are borne by society as well as by the direct victims. The law therefore exacts civil or criminal punishments on lawbreakers.
When government breaks the law, not just individuals, but entire industries are often the direct victims. Government lawbreakers, however, are not subject to the same standards as are individuals. Government lawbreakers have become arrogant, and government lawbreaking has therefore proliferated. If government were held to the same standards of legal sanctions for individuals, the weight of those punishments would actually crush government.
The question is: What can we do about government lawbreaking?
Philosopher John Locke wrote that the punishment should fit the crime, but that the purpose of criminal laws should be reparation and restraint. Those standards generally apply to non-criminal lawbreaking. That is, the punishment should require the injured to be made whole, if possible, and should be strong enough to discourage lawbreaking in the first place.
When individuals or collections of individuals violate the law, the number of direct victims is limited. When government violates the law, the number of direct victims is unlimited. Government has in place police forces, prosecutors, and a legal system to bring individual lawbreakers to justice. That same system does not protect society well when government breaks the law.
Government has established rules to protect itself against the calamities that would befall it if it were subject to the same levels of reparations and penalties for lawbreaking as apply to individuals. For example, governments have passed sovereign immunity laws making reparations for lawbreaking by government nearly impossible to achieve in many cases.
The system shields government from reparations for individuals. That makes restraints on government even more important. The Constitution was established with restraints in mind by expressly delegating only certain powers to the federal government. When constitutional restraints on government are ignored, the floodgates to government lawbreaking are opened wide.
That's the philosophical view. As a lawyer who regularly battles government lawbreaking, I can tell you that as a practical matter, it's much uglier and more mischievous. It's a problem embedded in the political establishment and the unelected regulatory bureaucracy. It's a disease of unparalleled magnitude, yet it is too rarely addressed even in print.
Just looking at some examples shows how disproportionate the system is against private lawbreaking versus government or public lawbreaking.
Bernie Madoff is in prison for defrauding many investors using a Ponzi scheme. The Social Security system has been pillaged. It is actually the world's biggest Ponzi scheme, but nobody has been punished.
Toyota is facing an auto industry record $16.4-million fine for failing to notify the government about defects. Would automakers Chrysler or Chevrolet, whose owners include the United States government, face fines of similar magnitude if they had engaged in the same conduct? The answer to that, of course, requires speculation.
But what if the Environmental Protection Agency is found to have violated the law by regulating greenhouse gas emissions of automobiles? The EPA was recently sued by Virginia Attorney General Ken Cuccinelli for that reason. Not a single automobile maker could violate the law for every car owner, but one government agency could, and probably did.
If a health insurance company were to violate the law, its victims would be limited to its policy holders. The individual mandate under ObamaCare is being challenged as unconstitutional and therefore unlawful as affecting every American.
After passage of ObamaCare, several companies announced their assessments that the new law would cost them hundreds of millions of dollars. Those announcements were made in compliance with the law, yet some Democratic members of Congress have demanded the company executives and their records for a hearing. That is the stuff of totalitarianism: punishing private compliance with the law when government is violating the law with impunity.
People often feel powerless to challenge government when it violates our paramount law, the Constitution -- and never mind the everyday, less visible violations of statutory and regulatory law by government. How do you fight Leviathan?
In the case of the executives called to testify before Congress, they and their lawyers could easily become heroes by going on offense at the hearing. Instead of testifying on their heels, they should identify the abominations in ObamaCare, expose the contributions received by the Democrats who called them to testify, and generally use the microphones to expose the hearing for what it is -- a circus. This is their Howard Hughes moment. Hughes, testifying before Congress, exposed his interrogators for the corrupt, incompetent politicians they were.
We're also starting to see more citizens organizing and challenging government. The legitimate application and enforcement of the Constitution is a main thrust of these new activists. Recently, Tea Party groups even formed a National Tea Party Federation to have a rapid response to the liberal media, which have aided and abetted government lawbreaking.
As people come to realize the government is the biggest lawbreaker, we may see the rise of a new breed of politicians and law enforcement officials who see their jobs as not merely tackling private sector lawbreakers, but tackling government lawbreakers as well. That may even be the big, innovative campaign promise that will sweep many new officials into office and sweep out incumbents who have tolerated, fostered, or engaged in government lawbreaking.
It's important to start, however, just with the recognition that government is by far the biggest lawbreaker in society. Solutions will continue to evolve from that.
Monday, April 5, 2010
Easter and other happenings...
This is a huge collage since we had lots going on this week with Emily ending her musical Seussical and the Easter Holiday...We start on Palm Sunday reading about the entrance of Christ into Jerusalem and continue on all week reading about the last week in his mortal life up to his glorious resurrection. I love the picture Zane drew that ended up in the middle of the collage--since I knew I wanted it in the collage this week. I love it, check out the details! Monday was the last day of Emily's play. That night both grandparents came, Aunt Teresa, Uncle Erick and Aunt Liz from Idaho, cousins Erin and Anna, Anna's boyfriend Buck and some of Emily's friends besides our family. It was fun but a late night since we had clean up duty and come to find out we cleaned too much. What is that? Izak also had scouts that day so I tried to keep track of everyone so we could leave on time. Tuesday I helped at the school. Emily was in the school Talent Show which they were only doing during school so Zane, Gwen and I went. Several neighbor's kids were in it too and they all did a great job. Tuesday afternoon Timo had lacrosse practice in a terrible dust storm! Wednesday morning Emily had NOVA graduation--like the D.A.R.E. program. She actually got a special award called the SuperNOVA, that was pretty neat. I managed to get to the temple and home before the school kids. Taran was home early--he has no 4th period every other day so I had arranged to leave Gwen with him while I left. After going there I received inspiration to some things we were trying to do, help my mom and dad with my dad's situation. We had planned to go to California, San Diego with them. Some things didn't feel right and after that trip to the temple I knew what to do. I am so grateful for the temple. My mother is getting burned out and has a hard time asking for help or saying no to requests. My dad's Alzheimer's is progressing fairly fast, to him, he feels like he doesn't know what he'll be able to do the next day. He has less use of his fine motor skills and can only read for about 20 minutes before he feels wiped out. He is actually functioning above what he should be for how advanced his disease is according to his last MRI. He has more tests to go...but we had planned to take him to the beach, a place he loves so he could feel peace and tranquility there as he anticipates the worst. But the other side was giving my mom a break from the constant demand he can be on her in every way. So every day this coming week we are taking him with us on some adventure, so far so good. Back to Wednesday, Izak had a soccer game in the freezing cold. Tim went to it since it was our Court of Honor for scouts and that I had to go to. Thursday Timo had his braces tightened in the morning, Tim took him. My visiting teachers came over and Gwen's friend Sophie came over while her mom went out to lunch with friends. Thursday Timo had a lacrosse game. It was somewhat of a fiasco getting there but we did and they won and it was so fun to watch. They played their rival AF. Taran adn Timo's soccer game got postponed since the weather was so weird, cold, snow, wind and sun. I had to leave for Roundtable as soon as I got Timo home. Luckily they keep that short to an hour. Friday I ran to the book fair that morning while Tim got ready and stayed with Gwen. I also picked up a bag of stuff parents had donated for a gift basket I am putting together for our school's silent auction. I helped the kids paint eggs--see Gwen swirling her's in the collage. My friend needed me to watch her kids while she ran to the doctor. So we had a little egg hunt with them. Later we had our cousin Easter Egg Hunt at our house. As you can tell by the coats it was not a warm Easter Egg Hunt! The kids had fun of course. I think Shellie and I got a the worst of it putting the stuff out! Amy was picking up her car so we had her stuff we just had to hide it. Katie had her stuff to but she was feeding her baby. Emily had a party at a kid from her play--Jojo had for his Seussical friends. She had fun even though one of the kids threw a rock and hit her in the head. They called us about it but said that she was alright but wanted us to know, so we didn't worry. We had a meeting that night at Katie and Charl's about how we can help my parents. I think it was productive and we planned the next 2 months so my mom knows the help she can expect. We just need her to write down ALL the help she needs over the next while so we can decide what others can do to help out. I missed my mission reunion but I felt it was something I needed to do. Hopefully I can go next year since they said it was a huge success! Saturday we had nothing but Conference so that was nice. I always look forward to it like a hungry person does to a juicy hamburger! Tim took Timo and Taran out to Hibachi House for dinner before Priesthood session. Then we met up at Amy's for dessert and visiting. Anna, Erin, Tim's parents and Buck were all there. The kids enjoyed playing with their cousins again. Shellie didn't make it with her kids because some of them were sick. I don't know why Daniel didn't come. But it was fun. Sunday was more General Conference. So before hand we had the kids find their baskets. I had bought lots of snacky stuff so we overate, I am sure but I think it helped simplify the day and keep people alert! After the second session we went to my mom's for Easter dinner. All my siblings and their families were there. We had a good time visiting, the kids watched a kids' video He is Risen, The Lamb of God and then Teresa, my dad and some of them started watching the Sound of Music. We got home late. I asked Gwen about the Lamb of God movie. She said,"They put nails in Jesus' hands and on the wood. It was so sad." We had the bunny cake Gwen and I made with ice cream. I feel so blessed to have so much family close by! Now we are having Spring Break this week so I'll post Sunday how that goes!
Friday, April 2, 2010
Freedom Friday
Limited Government, Unlimited Administration: Is it Possible to Restore Constitutionalism?
I would have posted the whole article but it is quite lengthy but worth it! So click on the title and it is linked to the article. I have been pondering our country's situation and the problem is principles. No one understands what principles our country was founded. We must readdress and reaffirm those basic principles that brought us freedom in the first place. When someone speaks no matter what party what principle are they basing their opinion? That's what we need to understand for both parties have let us down in our principles. But if we don't know our principles we can be easier distracted by well meaning yet faulty principles. So I urge everyone to learn about the principles our country was founded and remember we MUST stick to those to insure our freedom and liberty.
I would have posted the whole article but it is quite lengthy but worth it! So click on the title and it is linked to the article. I have been pondering our country's situation and the problem is principles. No one understands what principles our country was founded. We must readdress and reaffirm those basic principles that brought us freedom in the first place. When someone speaks no matter what party what principle are they basing their opinion? That's what we need to understand for both parties have let us down in our principles. But if we don't know our principles we can be easier distracted by well meaning yet faulty principles. So I urge everyone to learn about the principles our country was founded and remember we MUST stick to those to insure our freedom and liberty.
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