As far back as the ancient Greeks, it was known that a true democracy can survive but only a few years before the population will begin to vote to raid the treasury and bankrupt the country.  As such our form of government, a republic, is designed with checks and balances to prevent such detrimental decision making.  We trust our representatives at all levels of government to uphold the constitution and make decisions on our behalf for the greater good of all citizens.  Therefore, one of the most critical duties of State and U.S. Representatives is that of drafting legislation and passing laws.  There have been numerous instances where well-intentioned legislators drafted and subsequently passed bad laws.  Nearly all of these laws at first appeared to improve some aspect of society, but then in practice either did not work or created such problems as to be counter productive.  In my judgment good legislation consists of 5 basic criteria that must be addressed before the legislation should be considered for law.

 

1.      The legislation accurately addresses the problem or issue.  An example of bad legislation that does not address the problem is zero tolerance laws in our schools regarding weapons on school property.  Zero tolerance toward weapons sounds like a good idea; after all, what parent does not want their child to be safe at school.  In reality, zero tolerance laws have proven to be ineffective; they have not reduced school violence, and have only made criminals out of innocent students.  There is no evidence that this law has ever prevented any school violence or attacks anywhere, nor can it.  If a person has made the premeditated decision to bring a gun, knife or other weapon to a school, shopping mall, or any public place for the purpose of doing harm to others, they have already made the decision to break numerous laws including assault and murder.  Merely having a zero tolerance law against bringing weapons onto school or public property will not change their motives or prevent them from carrying out their evil plans.  Instead, all this law has accomplished has been to make criminals of students who have brought a butter knife to school in their lunch for the purpose of putting peanut butter on a cracker, or have inadvertently brought a pocket knife to school when they forgot it was in their pocket.  This logic also applies to zero tolerance toward drugs at school.  There have been as many students suspended for bringing over the counter medications for legitimate purposes as there have been for bringing illicit drugs for nefarious reasons.  Zero tolerance laws have not and will never address the real issue of making our schools or public property safer.

2.      Unintended consequences are minimal and are addressed in the bill.  There are abundant examples of legislation that when passed, created new, unintentional problems that were worse than the original problem.  Prohibition was one such example.  The 19^th amendment created so many problems with organized crime and boot legging, that just a few short years later the 21^st amendment had to be passed to suspend the 19^th amendment.  Recently, the law prohibiting smoking in all public places including private businesses has created unintended negative consequences.  Restaurants and bars have lost customers, lost revenue and many have gone out of business.  Diseases related to second hand smoke exposure have reportedly risen in children because people that previously smoked in bars and restaurants are now smoking more at home, thereby increasing their children’s exposure to second hand smoke. 

3.      There are no existing laws that address the problem or issue.  Numerous recently passed laws were unnecessary because the problem had already been addressed in previous laws.  Many states and cities have passed gun control legislation when existing laws against assault and murder already were in place.  This type of legislation is usually just feel good legislation that allows lawmakers to appear that they are taking action and expand their resume’ of accomplishments while really not doing anything.  A proposed ban on using cell phones while in a car also fails to meets this criterion of good legislation.  The basic reason for the bill is to prevent reckless driving.  There are already several laws making it illegal to drive in a reckless and risky manner.  Yet people still engage in distracting activities such as applying makeup, eating, talking to passengers, disciplining children, changing the radio or CD, and even reading books and newspapers while driving on our roads.  The existing laws regarding reckless driving, speeding, tailgating, failure to signal, etc… already hold drivers accountable for their actions and choices without needing to create more laws.

4.      The proposed law is enforceable.  If a law sounds good, but can’t be enforced, then what good is that law?  A Missouri State Representative has proposed a bill making it illegal for a restaurant owner to serve anyone that is obese.  There is no way to enforce this type of legislation.  Will restaurant owners be required to weigh customers before taking their order and then keep a record for the Department of Health’s statistics?  Who will decide if a customer meets the definition of obese?  In my judgment this is a classic example of an overreaching government trying to apply itself to a realm of citizen’s private lives where government has no right to be.

5.      The proposed law is constitutional.  Sometimes we try to address problematic issues but in the process the proposed law violates the rights and freedoms of the citizens.  Ultimately these laws are addressed in the judicial system, but only after copious tax dollars and years have been spent in debate. 

 

     The role of government is not to impose ever increasing restrictions on the population, elevating government’s self importance in the process.  Rather, government’s role is to protect the constitution and the rights and freedoms that document guarantees us; to enforce our existing laws, and to create an economic and social environment that allows for economic success. 

 

 

This entry was posted on Friday, September 19th, 2008 at 7:01 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.