Sunday, June 7, 2009

Laws and Common Sense

Most elected officials at the Capital and in the various State Houses feel that each time they are in session they must past new laws, I suppose the reasoning is to show their constitutes they have accomplished something, and thus earned their continuing support. This seems to be their thinking and it is fallacious. This idea goes across the political spectrum and those on the right are guilty as well as those on the left. The left however, is the greatest participator in this ritual at the various legislative sessions. A large number of our elected representatives are attorneys and attorneys have a way of complicating the obvious--its in the nature of the profession. Most people after having read a legal document find themselves scratching their head. The law-writers in an attempt to clarify often muddle the issue leaving the final interpretation in the hands of the courts and unelected judges. Law-makers are doing us a dis-service, by writing confusing laws, and by flooding us with new and often unneeded laws.

Attorney-legislators need to stand aside and let common sense prevail. No attorney, no legislator can write common sense into law and attempting to do so is foolish. Forces within the legislative system such as special interest will always have a part in writing even the simplest law, no matter now well intentioned the author. The pen and the quill simply cannot put some things to paper. Common sense can be applied, but common sense cannot be enacted into law without losing its true meaning.

This is a thorny issue, but I feel one worthy of debate and discussion. My simple common sense mind cannot grasp the complex issues involved here. Maybe an attorney could do a better job.

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