Saturday, July 16, 2011

legislating walls or channels

Laws can be written to channel people into specific behaviors. This is done by directing specific acts be done to be legal. Laws can also be done to restrict breach of expected behavior. Essentially the law builds walls that people are not allowed to cross. If we examine the American Constitution we find that it is mostly an act of creating walls. There's restrictions oncongress's abilities. There's some prescriptions on individual behavior specifically treason. But overall most of what is done is establishing walls. A person must be a certain age to serve in a certain office. The problem over time is Congress passes laws that have more and more effort made to channel our efforts. Tax laws are written to encourage certain behaviors and discourage others. Essentially there is a channel that we are expected default to get certain tax benefits. But even more damaging than Congress is regulations. Regulations have the effect of being very specific as to what behavior is allowed. In regulation D under the securities act the law, the regulation is written to make very specific persons eligible to invest. Most of what the liberal agenda includes is Congress setting up structures and then has the regulatory world involved in making more specific rules the channel behavior and enforce those rules. Essentially the liberal bureaucrat becomes judge, jury and executioner. The error of modern administration is the conceit that the bureaucrat is an expert. To truly be free, Congress needs to write laws of walls and not an enabling act for bureaucrats to make arbitrary and ever changing channels.

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