Thursday, April 12, 2007

What is government?

Why does humanity need government? Simply put, animals kill each other for territory, food, mates. Government should be an understanding among humans that no person can initiate force against another person. Government provides people with a rule of law that provides a clear outline of what is not allowed and what the consequences are for violating the law. Ideally, government should set the rule of law as clearly as possible and then walk away and let the courts provide for the exceptions. Jury nullification should be part of the basic jury instructions for any court. Once the rules are clear the courts can provide for justice, even if justice includes ignoring the rules. The meddling, busy-body mentality of a legislature to set law for every little contingency is micromanaging at its worst and in most cases defeats the rule of law by making the rules too muddled to be enforced. Likewise, forcing courts and juries to use certain standards defeats the use of courts to provide justice. In courts it’s not what is true, it’s what you can prove. Setting barriers in legal procedure means that even less truth can make it into what can be proven.
What does the Constitution need to be?
The Constitution was intended to be the set of rules by which the country was governed. With proper concern for individual rights the Bill of Rights was added to the Constitution. For whatever reasons, the Founders were not able to set a clear set of rules. What the Constitution needs to be is a clear set of what is legal for the Government and what is illegal for citizens. This clarity is important because what the government should be allowed to do needs to be inclusive while what the citizens are allowed to do needs to be only exclusive.

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