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View Diary: Freedom Land - America Fighting For Its Life (278 comments)

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  •  No, you have things turned on their heads. (1+ / 0-)
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    JimWilson

    Without people with the right values in their brains being elected to public office there will not be the laws worth enforcing.  In a law-abiding society, the enforcers of the law are bound to enforce the laws on the books.  We enforced the Jim Crow laws for decades in the South.  Was that a formula for racial advancement? I don't think so.  Before we outlawed child labor there had to be members of Congress who believed that children belonged in school not on a factory floor!  If such people had not been elected and the laws passed, children would still be working in factories, like they still are in migrant camps across this country because the law-writer made an exception to the child labor laws for agriculture.  So you can go to Michigan today and find 8 to 10 year olds working all day in blackberry fields.

    ...toward a better tomorrow.

    by Steve Love on Wed Oct 06, 2010 at 12:32:44 PM PDT

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    •  It took 100 years for black suffrage to be (0+ / 0-)

      enforced in the South.  The laws were already on the books.  The power structure in the South disagreed that these laws were "worth enforcing".  An unenforced law is no law at all . . . witness the recent spasm of torture that our government has engaged in and the fraud committed by Wall Street.

      Other than the issue of implementation and enforement, I'm all for writing and passing good laws.

      GOP found drowned in Grover Norquist's bathtub.

      by JimWilson on Wed Oct 06, 2010 at 01:42:00 PM PDT

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      •  if a law is unenforcable it's a badly written law (1+ / 0-)
        Recommended by:
        Steve Love

        and not worth anything. If the law is well written and then not enforced, that's criminal or illegal, because you allow the law to be subverted. If the justice department is not enforcing the laws in the books, it's not doing its job, which I think is an illegal act.

        •  So in your view then, the Civil Right Act and (0+ / 0-)

          is not well enough written to allow black suffrage in South?

          The US Supreme Court has held since at least the 1890s that punishments that involved torture are forbidden under the Eighth Amendment yet . . .

          Forgive me if I find your argument unpersuasive that failure to enforce the law is based in the language of the law rather than the failure to enforce it.

          GOP found drowned in Grover Norquist's bathtub.

          by JimWilson on Thu Oct 07, 2010 at 01:01:01 AM PDT

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          •  There are times in which a governmental body (0+ / 0-)

            failure to enforce the law is based in the language of the law

            choses to ignore the clean meaning of the law as the South did regarding their right to leave the Union...but there are other instances in which a law is written so broadly or so narrowly that it cannot be enforced.  
              It seems you are acting on the assumption that only people in government care about laws being enforced. That is far from the truth.  Every law effects one group adversely and another positively.  Those two groups as skin in the game, so when the SCOTUS makes a decision, such as Bush v. Gore enforcement becomes a moot issue or take the Dred Scott decision.  
               If the quality of the language of law was not important, we would just tell everyone to read the Preamble to the Constitution and "Go play fair."

            ...toward a better tomorrow.

            by Steve Love on Thu Oct 07, 2010 at 07:38:39 AM PDT

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            •  Of course the language of the law is important (0+ / 0-)

              but it is not the only reason that laws aren't enforced.  Or even the primary reason.  Or maybe even remotely the reason.

               It seems you are acting on the assumption that only people in government care about laws being enforced.

              Other than that; nice straw-man you got there.

              GOP found drowned in Grover Norquist's bathtub.

              by JimWilson on Fri Oct 08, 2010 at 05:38:07 AM PDT

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