Quote of the Day for Thursday, May 26th, 2011.
When the law is in proper relationship to the people, the scope of the judiciary is very limited, but actually more meaningful to the enterprise of “good government.” Today, we have a body of law so huge and burdensome that it has started going 15 rounds with itself on a regular basis, and the judiciary acts as a referee on intricate and inherently political questions of policy.
It is possible to think in different terms, and to conceive of a regimen of law and jurisprudence much more like that envisioned by the Founders. Americans need to wake up and recognize that accepting the way things are done now makes us importunate, dependent, and increasingly unfit to govern ourselves.
This short article provides a fascinating glimpse into what is threatening to become the perpetual silly season of legal posturing and social engineering by examining a convoluted “environmental” (Cap ‘N Trade) law and related lawsuit in California. Dyer’s concern regarding the foolishness of modern approaches to such problem solving is made all the more poignant by the fact that she’s happy, from a practical perspective, for the imposition of the injunction that provides the jumping-off point for her article, yet she is wise enough to understand, from a principled perspective, at what cost a “victory” obtained in such fashion must come.