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A rare acknowledgement of reality
Jul 14th, 2018 by Ken Hagler

Enforcing the Law Is Inherently Violent. Every law is violent. We try not to think about this, but we should. On the first day of law school, I tell my Contracts students never to argue for invoking the power of law except in a cause for which they are willing to kill. They are suitably astonished, and often annoyed. But I point out that even a breach of contract requires a judicial remedy; and if the breacher will not pay damages, the sheriff will sequester his house and goods; and if he resists the forced sale of his property, the sheriff might have to shoot him. [The Atlantic]

The law professor being quoted was talking specifically about lawyers, but this is something that everyone should keep in mind when advocating for new laws. Unfortunately the sort of people who advocate for new laws never do.

Current Immigration Laws Are Unconstitutional
Jul 10th, 2018 by Ken Hagler

Does the Federal Government Have the Power to Regulate Immigration? Thomas Jefferson and James Madison Said No. Yet federal regulation of immigration is a power both Thomas Jefferson and James Madison maintained was “no where delegated to the federal government.” And since no amendment has granted that power since they made that argument in 1798, it is exercised by the federal government without the consent of the governed, legitimized only by the same kind of “activist Court” conservatives condemn when it sanctions federal power they don’t like. [Foundation for Economic Education]

This is something I’ve been pointing out for years, so I’m pleased to see that someone else as noticed it. Sadly, it doesn’t really matter in practice since the government doesn’t care at all about the Constitution.

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