by Victor Davis Hanson<\/p>\n
PJ Media<\/em><\/p>\n When the Law Does Not Pay<\/strong><\/p>\n I do not think in California there is much law these days. We are regressing to the days of my grandfather\u2019s stories who used to relate to me a wild Central Valley circa 1900 when the sheriff was a day away. A neighbor down the road is now openly violating county zoning regulations by simply moving in immobile Winnebagos and creating a sort of\u00a0ad hoc<\/em>\u00a0mobile home park \u2014 with jerry-rigged electricity, sewage and water. \u201cRestaurants\u201d pop up around my farm along the side of the road, exempt from state and local inspection, apparently by parking a canteen, plopping down some plastic chairs, an awning, a porta-potty, a hose \u2014 and, presto, we have an eatery, with signs no less.<\/p>\n There are no dumping laws enforced in rural California: stopping the guy who throws out his garbage and a sofa is a money-loser; finding the guy in the Mercedes who uses his cell phone is a money-winner.<\/p>\n Yet most state lawlessness out here is predicated on priorities of enforcement and driven by public employee unions who sees us the people in terms of \u201cfees\u201d and \u201cfines\u201d to feed their salaries, perhaps in the way the Thanksgiving chef eyes the roasting turkey amid hungry mouths.<\/p>\n Awol in Washington<\/strong><\/p>\n The new lawlessness at the federal level, however, is far more serious, because it is predicated on \u201csocial justice\u201d: those deemed \u201cin need\u201d shall be exempt from the law; those \u201cnot in need\u201d shall not.<\/p>\n The War Powers Resolution Act, like it or not, is the law of the land. It requires the President to notify Congress within 48 hours of committing armed forces to military action. Without an authorization of the use of military force or a declaration of war, the military cannot remain in combat abroad. That\u2019s why George W. Bush went to Congress to authorize both the Afghanistan and Iraq war. During the heated rhetoric over the Iranian missile controversy, presidential candidates Biden and Obama both expressed support for the Act \u2014 apparently outraged that Bush might unilaterally bomb Iran without notifying a Senator like themselves.<\/p>\n So when we recently passed the 60-day limit after the initial and continual use of armed forces in Libya, why did not Obama seek permission from Congress?<\/p>\n Here the question is not the usual Obama hypocrisy that has seen him demagogue and damn Guantamo, preventative detention, tribunals, renditions, the Patriot Act (just signed by a former critic via computerized autopen from the UK no less) and Predators \u2014 only to expand or embrace them all. Rather, the problem is a question of legality itself.<\/p>\n Is the War Powers Resolution the law of the land or not? Or are we to assume a progressive president is complying with both UN resolutions and an Arab League mandate, and therefore, as the good internationalist and Nobel Laureate, sees no reason to consult, as American law requires, his own elected US Congress \u2014 the latter a more suspect and reactionary body that does not enjoy the moral stature of the UN or the Arab League?<\/p>\n This disregard reminds us of the shake-down of BP, when the administration more or less declared by fiat that the demonized corporation had to cough up a $20 billion contingency clean-up fund \u2014 reminiscent of someone in the classical Athenian\u00a0ekklesia<\/em>\u00a0or late 18th-century French assembly going after the better off by mere proclamation.<\/p>\n In that regard, an administration is sworn to uphold the established law; why, then, was the Defense of Marriage Act arbitrarily rendered null and void without legislative appeal, simply because it was considered illiberal by those now with executive power? Can President Obama and Attorney General Holderde facto<\/em>\u00a0declare a law unconstitutional and then not enforce it? Could a renegade conservative counterpart likewise declare Roe vs. Wade unconstitutional, and go after abortionists because it deemed them too liberal?<\/p>\n Or perhaps a better example was the bailout of Chrysler that was contingent upon reversing the contractual order of creditors, putting union members and retirees, contrary to law, to the front of the line, and those who held Chrysler debt to the rear. Was the logic something like the following spread-the-wealth notion: Bond-holders are wealthier anyway and so have enough money already; union members \u2014 and Democratic stalwarts \u2014 actually do the work, and so have a moral claim to the money that trumps the superfluous legal right of the wealthy and powerful?<\/p>\n Or we might ponder the administrative decision by bureaucratic decree to stop a company like Boeing from opening a new airline production line in South Carolina, purportedly because it is a red, right-to-work state. Again, the logic is that companies cannot open factories where they wish, since they have moral obligations that must stand above a mere legal notion of freedom of commerce and association.<\/p>\n Do we remember the voter intimidation case dropped against the Black Panthers \u2014 on the supposition that, given the history of the poll tax and Jim Crow voter discrimination, a little minor pushback is small potatoes?<\/p>\n Then we come to federal immigration law, or rather the deliberate effort to undermine it \u2014 in a fashion that goes well beyond the neglect of the law shown by previous administrations. The Obama administration is going to court, along with Mexico, to sue the state of Arizona that is trying to find ways to bolster a federal law that the administration will not enforce.<\/p>\n But it gets worse: the Obama administration tries to subvert states that wish to follow its own laws, but ignores cities that deliberately flaunt them by declaring themselves \u201csanctuary cities\u201d. And consider entire states like California, whose Assembly just passed its own version of the \u201cDream Act\u201d to provide millions in state funds to support illegal aliens at the state-run colleges and universities (at a time when the state is $15 billion short in balancing its annual budget, and, due to such a shortage of funds, must release 40,000 prisoners because of an inability to comply with a court-order addressing overcrowding).<\/p>\n By now we know the accustomed logic. Demonize those who would seek to obey the law (e.g., they wish to arrest kids on their way to ice cream, they want alligators and moats in the Rio Grande, they are \u201cenemies\u201d who Latinos should \u201cpunish,\u201d they have already \u201cbasically\u201d finished their fence) and apotheosize those who break it (e.g., no mention of the 20,000-30,000 illegal alien felons in the California penal system).<\/p>\n A Slippery Slope<\/strong><\/p>\n I find all this quite frightening for a variety of reasons. Once the moral high ground is claimed, then legality is constructed as some sort of reactionary impediment in the way of egalitarian \u201cfairness.\u201d The process works geometrically: each time the federal government rules by fiat instead of following the law \u2014 for reasons of humanitarianism abroad, ecological responsibility, worker fairness, gay rights, or empathy for the alien \u2014 it becomes a little bolder the next time.<\/p>\n The Left simply disregards its former purported role as guardians of constitutional law, and grows quiet, again on the apparent logic that the rare progressive presidency is simply too precious a commodity to endanger by maintaining any consistent criticism in the manner it once went after the Bush administration.<\/p>\n Imagine the reaction of the\u00a0New York Times<\/em>, NPR, or a Senator Obama, had a President Palin decided to bomb Iran off and on for 70 days without congressional consultation, or had she decided to throw open the US border to any from Europe who could fly in, or had she violated union contracts to favor junior Wall Street creditors, or had she demanded that an Al Gore organization plop down several million in a contingency fund for the damage it had done oil workers by obstructing efforts of companies to gain oil leases.<\/p>\n Where does this end, this effort by Ivy League lawyers and civil libertarians to substitute supposedly enlightened progressivism for purported reactionary law? We easily and rightly condemn the crime when the Right tries to overthrow legality in the cases of a Franco, Hitler, Greek Colonels or Pinochet, who are easily identified as autocrats and dictators openly subverting constitutional government. But the assault from the Left is more insidious, given that the miscreants do it in self-declared high-minded fashion for \u201cus.\u201d I think here of the frightening trial of Socrates in ancient Athens, the ascendency of the Jacobins during the French Revolution, or Hugo Chavez\u2019s thuggery in Venezuela \u2014 not coups as much as overdue punishment of \u201cthem.\u201d<\/p>\n Without the law, there is nothing.<\/p>\n \u00a92011 Victor Davis Hanson<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" by Victor Davis Hanson PJ Media When the Law Does Not Pay I do not think in California there is much law these days. We are regressing to the days of my grandfather\u2019s stories who used to relate to me a wild Central Valley circa 1900 when the sheriff was a day away.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_newsletter_tier_id":0,"footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[495],"tags":[614,12,1014,210,329,475,1031,1078,389,238,458,527,1037,497],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p466Sb-Iv","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":9159,"url":"https:\/\/victorhanson.com\/wordpress\/the-weirdness-of-illegal-immigration\/","url_meta":{"origin":2759,"position":0},"title":"The Weirdness of Illegal Immigration","author":"victorhanson","date":"March 15, 2016","format":false,"excerpt":"By Victor Davis Hanson \/\/ Works and Days by PJ Media Set aside for a moment all the controversies over illegal immigration\u2014the wall, deportation, amnesty, Donald J. Trump, \u201ccomprehensive immigration reform,\u201d etc. Instead, contemplate what happens in a social, cultural, and economic context when several million immigrants arrive from one\u2026","rel":"","context":"In "Immigration"","block_context":{"text":"Immigration","link":"https:\/\/victorhanson.com\/wordpress\/ahref=\/index.php\/categories\/angry-reader\/categorylink\/a\/immigration\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":8055,"url":"https:\/\/victorhanson.com\/wordpress\/when-the-law-is-a-drag\/","url_meta":{"origin":2759,"position":1},"title":"When the Law Is a Drag","author":"victorhanson","date":"December 2, 2014","format":false,"excerpt":"by Victor Davis Hanson \/\/ PJ Media In the Ferguson disaster [1], the law was the greatest casualty. Civilization cannot long work if youths strong-arm shop owners and take what they want. Or walk down the middle of highways high on illicit drugs. Or attack police officers and seek to\u2026","rel":"","context":"In "Immigration"","block_context":{"text":"Immigration","link":"https:\/\/victorhanson.com\/wordpress\/ahref=\/index.php\/categories\/angry-reader\/categorylink\/a\/immigration\/"},"img":{"alt_text":"Photo via PJMedia","src":"https:\/\/i0.wp.com\/victorhanson.com\/wordpress\/wp-content\/uploads\/2014\/12\/america_anarchy_flag_11-30-14-1.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":11587,"url":"https:\/\/victorhanson.com\/wordpress\/it-was-always-about-the-wall\/","url_meta":{"origin":2759,"position":2},"title":"It Was Always about the Wall","author":"victorhanson","date":"December 21, 2018","format":false,"excerpt":"Victor Davis Hanson \/\/ National Review There was likely never going to be \u201ccomprehensive immigration reform\u201d or any deal amnestying the DACA recipients in exchange for building the wall. Democrats in the present political landscape will not consent to a wall. For them, a successful border wall is now considered\u2026","rel":"","context":"In "George W. Bush"","block_context":{"text":"George W. Bush","link":"https:\/\/victorhanson.com\/wordpress\/ahref=\/index.php\/categories\/angry-reader\/categorylink\/a\/george-w-bush\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":5301,"url":"https:\/\/victorhanson.com\/wordpress\/debating-the-patriot-act\/","url_meta":{"origin":2759,"position":3},"title":"Debating the Patriot Act","author":"victorhanson","date":"November 11, 2004","format":false,"excerpt":"by Bruce S. Thornton Private Papers The following was presented in October in Modesto, California as part of the American Heritage Series sponsored by the\u00a0Modesto Bee. The 9\/11 terrorist attacks shocked the nation in many ways. In addition to the horrific scale of the destruction and loss of life, the\u2026","rel":"","context":"In "Bruce S. Thornton"","block_context":{"text":"Bruce S. Thornton","link":"https:\/\/victorhanson.com\/wordpress\/ahref=\/index.php\/categories\/angry-reader\/categorylink\/a\/our-contributors\/bruce-s-thornton\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":7022,"url":"https:\/\/victorhanson.com\/wordpress\/lets-save-california-now\/","url_meta":{"origin":2759,"position":4},"title":"Let’s Save California Now!","author":"victorhanson","date":"February 18, 2014","format":false,"excerpt":"by Victor Davis Hanson \/\/\u00a0PJ Media\u00a0 Just a handful of legislative acts might still save California. Here are 12 brief examples: 1.\u00a0The Hetch Hetchy Smelt and Salmon Act This so-called \u201cSkip a Shower, Save a Smelt Act\u201d would transfer control of the\u00a0Hetch Hetchy reservoir\u00a0releases from the San Francisco Public Utilities\u2026","rel":"","context":"In "California"","block_context":{"text":"California","link":"https:\/\/victorhanson.com\/wordpress\/ahref=\/index.php\/categories\/angry-reader\/categorylink\/a\/california\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":9281,"url":"https:\/\/victorhanson.com\/wordpress\/the-nihilism-of-sanctuary-cities\/","url_meta":{"origin":2759,"position":5},"title":"The Nihilism of Sanctuary Cities","author":"victorhanson","date":"May 2, 2016","format":false,"excerpt":"By Victor Davis Hanson \/\/ Works and Days by PJ Media There are an estimated 300 or so jurisdictions -- entire states, counties, cities, and municipalities -- that since the early 1980s have enacted \u201csanctuary city\u201d laws, forbidding full enforcement of federal immigration law within their jurisdictions. Most of these\u2026","rel":"","context":"In "Immigration"","block_context":{"text":"Immigration","link":"https:\/\/victorhanson.com\/wordpress\/ahref=\/index.php\/categories\/angry-reader\/categorylink\/a\/immigration\/"},"img":{"alt_text":"juan-francisco-lopez-sanchez-kate-steinle-7-19-15-1","src":"https:\/\/i0.wp.com\/pajamasmed.hs.llnwd.net\/e1\/victordavishanson\/user-content\/2\/files\/2015\/07\/juan-francisco-lopez-sanchez-kate-steinle-7-19-15-1.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]}],"_links":{"self":[{"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/posts\/2759"}],"collection":[{"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/comments?post=2759"}],"version-history":[{"count":1,"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/posts\/2759\/revisions"}],"predecessor-version":[{"id":2760,"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/posts\/2759\/revisions\/2760"}],"wp:attachment":[{"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/media?parent=2759"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/categories?post=2759"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/victorhanson.com\/wordpress\/wp-json\/wp\/v2\/tags?post=2759"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}