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Simple steps for making a law work In our nation there are a lot of laws: more than any person could read in ten lifetimes. However, it is rare to find a law that means what it says. How does a law that really works come to be recognized by the courts? Here is a simple example. 1. Step one is to ignore the words of the U.S. Constitution and local state Constitutions. For guidance on how to interpret those documents, see the last item below. 2. Have your city council, your state legislature or the US congress write a law, confirm its passage and enter it into a law book, the “codes” or a register of regulations. Warning: this is only the beginning. 3. Next find somebody on the street who seems to have broken that law. Get a policeman or sheriff deputy to arrest the person and charge him with breaking that law. As an example, let's say the law is really simple. It says, “Any person seen leaving a copy of a Wall Street Journal on a park bench shall be liable to mow the grass in the park on three successive Saturdays.” There is no written statute in history that is that well written, that clear, or that brief; but this is only a simple example. 4. An arresting officer writes a report that Joseph Businessman, the owner of a popular restaurant, has left his Wall Street Journal on the park bench, and the policeman turns that report over to the District Attorney's office. 5. The report is studied by a deputy district attorney who decides to prosecute the offender. 6. The offender, meanwhile, is visited by his attorney as he sits in jail. He may be bailed out or he may have to stay jailed until his case is heard. 7. When the case is heard, the prosecutor will come to the judge with a written argument reminding the judge of several similar ordinances or statutes to the one in question. For example, there will be the case decided thirty years ago when Sally Southern was fined for leaving a Saturday Evening Post on the ladies room floor in a nearby park. 8. The defense attorney will remind the judge that 45 years ago Albert Piper was acquitted when he was arrested for leaving a copy of his high school term paper on a shelf in the work shop of still another park. 9. Meanwhile, it will not be revealed on the record that the judge is one of Joseph Businessman's long-standing customers, eating lunch in the businessman's restaurant almost daily. 10. It will also be ruled inadmissible by the judge that the prosecutor has found evidence that Joseph Businessman was present in the city council room when the city ordinance was passed, that he had told a friend that he intended to violate the ordinance and that he believed the law to violate his rights. That evidence will not be considered, because it is prejudicial to the outcome desired by the judge. 11. Taking these case law citations into deliberation, the judge writes a decision that goes something like this: “This court finds Joseph Businessman innocent of said charges in that the newspaper left on the park bench, while allegedly was a copy of the Wall Street Journal was in fact a copy of the Sunday School Times. It shall be the policy of this court that any person leaving a copy of the Sunday School Times on a park bench shall be guilty of a felony deserving a ten year sentence at hard labor in the state prison.” The case will be appealed until resources run out, and the judgment will stand confirmed. 12. The businessman, thus, will be released because he was acquitted of breaking. 13. On the other hand, eighteen year old “Holly Smith” will later be found by a neighboring court to have violated the law after being arrested for leaving a copy of the Sunday School Times on a park bench. Is the Sunday School Times mentioned in the original law? No. It doesn't need to be mentioned. The judge rules: not lawmakers. 14. The law is the accumulated result of the writings of bedazzled judges bent on ignoring law-as-written, disdaining Constitutions, distorting meanings wherever possible, and depending upon each other's addled judgments to arrive at conclusions meeting their personal desires for society.
-- Richard Palmquist
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