
 |
|
June 17, 2013
June 12, 2013
Stephanie Hanes: Little girls or little women? The Disney princess effect
Fred Weir: In tweak to US, Russia would 'consider' asylum for Snowden
June 10, 2013
The Kosher Gourmet by Anjali Prasertong: A tart filling so good it might not make it to the crust
June 5, 2013
John Rosemond: Mom, Dad: Talk More and listen less
Kristen Chick: Egypt court sentences 43 pro-democracy workers to prison
June 3, 2013
Molly Hennessy-Fiske: Military judge to consider letting Fort Hood shooting defendant represent himself
May 29, 2013
Andrew Connelly and Helene Bienvenu: The Little Synagogue that Refused to Die
May 24, 2013
Rabbi Tzvi Hersh Weinreb: When I didn't so 'humbly disagree'
May 22, 2013
John Thorne:
They launched the 'Arab Spring' but now yearn for the good old days of a strongman
May 20, 2013
Richard A. Serrano: Is Meir Kahane's assassin now a changed man?
Melissa Healy: Genetic copies of living people from embryos no longer science fiction
Jewz in the Newz by Nate Bloom : Jews Inducted into Rock Hall of Fame; Anton Yelchin co-stars in New "Trek" film; Kutcher (but not Kunis) visits Israel; Jewish TV Star Praises Jewish Rap Star
The Kosher Gourmet by Cathy Pollak: WARNING: This WALNUT CAKE WITH PRALINE FROSTING, perfect for afternoon coffee, is addicting
|
| |
Jewish World Review
June 20, 2007
/ 4 Tamuz, 5767
The Law Versus Orders
By
Walter Williams
| 
|
|
|
|
http://www.JewishWorldReview.com |
Suppose a person is raped and we arrest the rapist. Should his status, whether he's a senator, professor or an ordinary man, play a role in the adjudication of the crime and subsequent punishment? I'm betting that the average person would answer that the law against rape is general and non-arbitrary and one's status should have nothing to do with the adjudication and punishment for the crime. That's precisely what is meant by "rule of law." Or, as English jurist A.V. Dicey put it, "Every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals."
Law in the true sense consists of a set of general rules applicable to all persons, as opposed to laws that are simply orders by the legislature requiring particular people to do particular things. Rule of law is critical to the preservation of liberty. Unfortunately, most Americans neither understand nor appreciate this, and we are increasingly being ruled by arbitrary orders and privileges based upon one's status. Let's look at a few of them at the national level.
During the 1980s, many savings and loan banks made huge losses because of chicanery, stupidity and unwise investments. Congress bailed them out. In 1987, when the stock market crashed, many Americans incurred large losses because of unwise, perhaps stupid, investments. Equal treatment before the law would require that if Congress bails out one American who makes unwise or stupid investments, it should bail out any American who makes unwise or stupid investments. Instead, Congress gave particular people privileges because of their status.
A rule of law regime would require that we scrap the Internal Revenue Code in its current form. What justification is there for different tax treatment of one American because he has a higher income, minor children or receives his income from capital gains instead of wages? Equal treatment would require Congress to figure out the cost of the constitutionally authorized functions of the federal government, divide it by the adult population and send us each a bill for our share. You say, "What about the ability-to-pay principle of taxation to pay for the cost of government?" That's just a politics of envy concept that would be revealed as utter nonsense if applied to any other cost. Would you apply the ability-to-pay principle to, say, gasoline or food purchases where different prices are charged to different people depending on how many dependents they had, their income, or whether their income was derived from wages, dividends or capital gains?
The fact that Americans have become ruled by orders and special privileges helps explain all the money and graft that we see in Washington. We've moved away from a government with limited powers, as our Founders envisioned, to one with awesome powers. Therefore, it pays people to spend huge amounts of money to influence Congress in their favor, that is, get Congress to grant them privileges denied to other Americans.
Twenty-five years ago, during a dinner conversation with Nobel Laureate economist/philosopher Friedrich A. Hayek, I asked him if he could propose one law that would restore, promote and preserve liberty in our country, what would that law be? Hayek answered that the law he'd propose would read: Congress shall enact no law that does not apply equally to all Americans. Hayek's suggestion for full equality before the law was both simple and profound and would do untold wonders in fostering the liberties envisioned by our Founders. But I'm betting that most Americans would greet Hayek's proposal with contempt after they realized that it would mean Congress wouldn't be able enact orders and play favorites with different Americans.
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
Walter Williams Archives
© 2006, Creators Syndicate.
|
|

Arnold Ahlert
Mitch Albom
Jay Ambrose
Michael Barone
Barrywood
Lori Borgman
Stratfor Briefing
Mona Charen
Linda Chavez
Richard Z. Chesnoff
Ann Coulter
Greg Crosby
Larry Elder
Suzanne Fields
Christine Flowers
Peter Funt
Frank J. Gaffney
Bernie Goldberg
Jonah Goldberg
Julia Gorin
Jonathan Gurwitz
Paul Greenberg
Argus Hamilton
Victor Davis Hanson
Betsy Hart
Ron Hart
Nat Hentoff
A. Barton Hinkle
Jeff Jacoby
Paul Johnson
John Kass
Jack Kelly
Ch. Krauthammer
David Limbaugh
Kathryn Lopez
Rich Lowry
Michelle Malkin
Jackie Mason
Ann McFeatters
Dale McFeatters
Dana Milbank
Jeanne Moos
Dick Morris
Jim Mullen
Deroy Murdock
Judge A. Napolitano
Bill O'Reilly
Clarence Page
Kathleen Parker
Star Parker
Dennis Prager
Wesley Pruden
Tom Purcell
Sharon Randall
Michael Reagan
Robert Robb
Cokie & Steve Roberts
Heather Robinson
Debra J. Saunders
Martin Schram
Greg Schwem
Culture Shlock
David Shribman
Roger Simon
Lenore Skenazy
Michael Smerconish
Thomas Sowell
Mark Steyn
John Stossel
Cal Thomas
Dan Thomasson
Bob Tyrrell
Diana West
Dave Weinbaum
George Will
Walter Williams
Byron York
Cathy Young
Mort Zuckerman

Eric Allie
Robert Arial
Chuck Asay
Baloo
Nate Beeler
Lisa Benson
Chip Bok
Dry Bones
John Branch
Daryl Cagle
Patrick Chappatte
John Cole
Paul Combs
J. D. Crowe
John Darkow
Bill Day
John Deering
Sean Delonas
Brian Duffy
Everything's Relative
Randall Enos
Mallard Fillmore
David Fitzsimmons
Glenn Foden
Jake Fuller
Bob Gorrel
Walt Handelsman
Joe Heller
David Hitch
Jerry Holbert
David Horsey
Lee Judge
Steve Kelley
Mike Keefe
Jeff Koterba
Dick Locher
Chan Lowe
Jimmy Margulies
Gary McCoy
Rick McKee
Jack Ohman
Jeff Parker
Milt Priggee
Michael Ramirez
Rob Rogers
Steve Sack
Bill Schorr
Drew Sheneman
Kevin Siers
David Ray Skinner
Jeff Stahler
Scott Stantis
Danna Summers
Gary Varvel
Kirk Walters
Christopher Weyant
Larry Wright
Dan Wasserman
Adam Zyglis

Tech Q&A
Mr. Know-It-All
Ask Doctor K
Richard Lederer
Frugal Living
On Nutrition
Bookmark These
Bruce Williams
|