|To the Editor: Lawmakers need to study history, reflect nation|
|Written by V. N. Krishnan|
|Wednesday, 15 May 2013 09:54|
John Adams our Second President in his 7th "Novaglus letter" published in the Boston Gazette (1774) wrote that the concept of "a government of laws and not of men" reflects a philosophy that dates back to the Greeks.
Following this in the landmark decision of Marbury vs. Madison, (1803) Justice John Marshall observed "The government of the United States has been emphatically termed a government of laws and not of men. It will certainly cease to deserve this high appellation if the laws furnish no remedy for the violation of a vested right".
To trace the origins of this doctrine in Europe, UK and here would take more than this whole paper and include a discussion of early American individualist anarchism and its variants, anarcho-naturism, anarcho-capitalism and more. Writings of Benjamin Tucker, William Goodwin, Max Steiner, Proudhon, Joseph Warren and Thoreau would figure.
Our early history began with self-employed farmers, followed by anarcho-capitalism maturing into a meaningful partnership between the state and the individual and rule of law.
Recently Joe Average's interesting article recalled for us the state of our land then and now.
I like to take it a notch further up to a more serious discussion of our present predicament. We have now changed our views of both the "Government" and the "Laws". We say laws won't work since those who want to break them will do it any way, let us do away with them. It follows from our failure to enforce existing laws. That has to do with the "government".
So we say shut down the government since it does not work. Follow this line of reasoning in evaluating the above statements of Adam and Marshall whose operative words are "government" and "laws".
Are we heading towards an era of undermining both and regressing back to the days of individualist anarchism?
Reflect the fact that recently Congress in by passing Article I, Section 1 of the Constitution abdicated its function to be taken over by the NRA by rejecting a bill that had the support of 80 to 90 per cent of our people and secured a vote of 54 to 46 in favor in its own chamber. Are we a democracy?
The real lesson is not about guns. It is about our lawmakers.
They need to study more, especially history and reflect deeply of what is happening to our nation at large.
V. N. Krishnan
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