A Quote by Frederic Bastiat
All you have to do, is to see whether the law takes from some what belongs to them in order to give it to others to whom it does not belong. We must see whether the law performs, for the profit of one citizen and to the detriment of others, an act which that citizen could not perform himself without being guilty of a crime. Repeal such a law without delay. ... [I]f you don't take care, what begins by being an exception tends to become general, to multiply itself, and to develop into a veritable system.
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But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.
The rule of law does not guarantee freedom, since general law as well as personal edicts can be tyrannical. But increasing reliance on the rule of law clearly played a major role in transforming Western society from a world in which the ordinary citizen was literally subject to the arbitrary will of his master to a world in which the ordinary citizen could regard himself as his own master
And finally remember that nothing harms him who is really a citizen, which does not harm the state; nor yet does anything harm the state which does not harm law [order]; and of these things which are called misfortunes not one harms law. What then does not harm law does not harm either state or citizen.
No society can exist if respect for the law does not to some extent prevail; but the surest way to have the laws respected is to make them respectable. When law and morality are in contradiction, the citizen finds himself in the cruel dilemma of either losing his moral sense or of losing respect for the law, two evils of which one is as great as the other, and between which it is difficult to choose.
The law is not a 'light' for you or any man to see by; the law is not an instrument of any kind. The law is a causeway upon which so long as he keeps to it a citizen may walk safely.
When a legislature undertakes to proscribe the exercise of a citizen's constitutional right to free speech, it acts lawlessly; and the citizen can take matters into his own hands and proceed on the basis that such a law is no law at all.
Third, and finally, the educated citizen has an obligation to uphold the law. This is the obligation of every citizen in a free and peaceful society--but the educated citizen has a special responsibility by the virtue of his greater understanding. For whether he has ever studied history or current events, ethics or civics, the rules of a profession or the tools of a trade, he knows that only a respect for the law makes it possible for free men to dwell together in peace and progress.
The law is a gun, which if it misses a pigeon always kills a crow; if it does not strike the guilty, it hits someone else. As every crime creates a law, so in turn every law creates a crime.
Thus, if there exists a law which sanctions slavery or monopoly, oppression or robbery, in any form whatever, it must not even be mentioned. For how can it be mentioned without damaging the respect which it inspires? Still further, morality and political economy must be taught from the point of view of this law; from the supposition that it must be a just law merely because it is a law. Another effect of this tragic perversion of the law is that it gives an exaggerated importance to political passions and conflicts, and to politics in general.
[T]he guilty as well as the innocent are entitled to due process of law. They are entitled to a fair trial. They are entitled to counsel. They are entitled to fair treatment from the police. The law enforcement officer has the same duty as the citizen-indeed, he has a higher duty-to abide by the letter and spirit of our Constitution and laws. You yourselves must be careful to obey the letter of the law. You yourselves must be intellectually honest in the enforcement of the law.
The law has been perverted, and the powers of the state have become perverted along with it. The law has not only been turned from its proper function, but made to follow an entirely contrary purpose. The law has become a tool for every kind of greed. Instead of preventing crime, the law itself is guilty of the abuses it is supposed to punish. If this is true, it is a serious matter, and moral duty requires me to call the attention of my fellow-citizens to it.
Goddammit. Yeah, I have. First, there's a huge difference between being arrested and being guilty. Second, see, the law changes and I don't. How I stand vis-à-vis the law at any given moment depends on the law. The law can change from state to state, from nation to nation, from city to city. I guess I have to go by a higher law. How's that? Yeah, I consider myself a road man for the lords of karma.
The First and Fourteenth Amendments say that Congress and the States shall make "no law" which abridges freedom of speech or of the press. In order to sanction a system of censorship I would have to say that "no law" does not mean what it says, that "no law" is qualified to mean "some" laws. I cannot take this step.
I can't begin to describe how humiliating it is for a law-abiding citizen to be cross-examined in a court of law for a crime he hasn't committed.
I hear Democrats say, 'The Affordable Care Act is the law,' as though we're supposed to genuflect at that sunburst of insight and move on. Well, the Fugitive Slave Act was the law, separate but equal was the law, lots of things are the law and then we change them.
And, in general, that branch which is to act ultimately and without appeal on any law is the rightful expositor of the validity of the law, uncontrolled by the opinions of the other coordinate authorities.
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