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Domain: roberthjackson.org
Stories and comments across the archive that link to roberthjackson.org.
Comments · 10
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Re:It's all about power
If everything is illegal, it means the government gets to pick and choose who to prosecute, meaning you'd better be on their good side.
Same as it ever was.
"Did you really think that we want those laws to be observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against - then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens' What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."
- Ayn Rand, Atlas Shrugged, 1957.
After Attorney General and eventual Supreme Court Justice Robert H. Jackson, put it ca. 1940:
"With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him."
The only thing that's changed in the intervening 70 years is that in 1940, this sort of thing was regarded by the Judicial and the Executive branches as a bad thing.
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Re:How about for paramedics?
Someone cue up the Ayn Rand criminal quote, because it seems like a perfect use for it. After all since they have been privatizing the penal system those at the top can make good money on all those "criminals".
"Did you really think that we want those laws to be observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against - then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens' What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."
p.411, Ayn Rand, Atlas Shrugged, Signet Books, NY, 1957
"With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him."
- Speech, Robert H. Jackson, former Attorney General and Supreme Court Justice, ca. 1940.
Thanks, WW2 Vets. I'm glad you got to live in a free America. Sorry we fucked it up. Glad most of you didn't live to see it come to this.
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Re:Foreign copyright infringement?
We already have the largest prison population of any country on earth. We need more government agencies to think of more ways to put more of our citizens in prison?
We don't, but our rulers do. We don't get to vote on it, but our rulers do. (One day every four years, we get to vote on which brand of our rulers gets to screw us, but we must never be permitted the right to vote on anything that matters.)
"Did you really think that we want those laws to be observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against - then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens' What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."
- Ayn Rand, Atlas Shrugged, 1957
"With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him."
- Robert H. Jackson, former Attorney General, former Supreme Court Justice, 1940.
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Re:Waste of my tax dollars.
Somehow I find Jackson's statement by far the more chilling of the two. Thanks for the cite.
Oh, fixed link, I hope: http://roberthjackson.org/ -
This is by design, not by accident.> At worst, he faces imminent "destruction."
He has no time to survive! Make his time! (Move Zune! For great injustice!)
Sorry. I had to.
Since we've all seen and we all know Cardinal Richelieu's "Give me six lines written by the most honorable of men, and I will find an excuse in them to hang him." quote, and Rand's "There's no way to rule innocent man..." quote, let's go for something a little closer to home in US jurisprudence.
"With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him."
-Former Attorney General and Supreme Court Justice, Robert H. Jackson, April 1, 1940
Unfortunately, it wasn't an April Fool's joke.
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Re:Habeas Corpus not "revoked"You forget that the US has suspended habeus corpus and has indeed made it illegal to criticize the government in the past. Some of those laws were temporary, but laws like the Smith Act, which make it illegal to even advocate violent overthrow of the US gov't, are still around.
This is a big issue for me. I can't believe people are so shortsighted they think The Patriot Act was the first real loss of freedom in this country.
I see people ranting and raving about civil liberties nowadays and think "Where have you been?" I wont pick on specific groups except to say people are vehemently opposed to one candidate based on civil liberties only to vote for others who have records that are still bad.
My point is, we've been losing freedoms for a long time and it's not exclusive to a single party being in power. Here's a quote from former attorney general and later Supreme Court justice, Robert H Jackson in 1940--61 years before USA PATRIOT Act.:With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him.
-Robert H. Jackson
Realize this was back in 1940, when the federal body of law was half what it is today.
The Cato Institute had an extremely interesting talk on this subject.
I think it's counterproductive to focus on just the Patriot Act and other 'recent' laws when the roots of authoritarianism in this country run far more deep. Once people really understand how much and how long they've been screwing us, they can really grasp how much needs to be changed. -
Robert H. Jackson, RIP> I'm in the minority because I like the Bush administration, but I do have to say that Ashcroft pissed me off when they imprisoned Tommy Chong. For the longest time anyone could buy drug paraphernalia in head shops. There was no law against it. Then suddenly Tommy Chong gets arrested ex post facto. They changed the interpretation of anti-drug laws on the fly so they imprisoned a man who did nothing illegal, and had no chance to stop doing it once they declared it illegal.
"Did you really think that we want those laws to be observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against - then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens' What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."
- Ayn Rand, Atlas Shrugged, 1957
And for those who don't like Rand, how about this quote, from a guy who preceded Rand by 17 years, and just might have been qualified to have an opinion on jurisprudence, seeing as how it was his entire career and stuff.
"With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him."
- Robert H. Jackson, Attorney General (1940-1941), Supreme Court Justice (1948-1954), from a speech given in 1940
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Re:Used to be a free country...Used to be a free country... before the Patriot Act!
That's the thing: No, we didn't.
The government has been encroaching on our personal liberties one piece at a time for a century.
You may want to blame the government of the past 30 years, but here's a quote from former attorney general and later Supreme Court justice, Robert H Jackson in 1940--61 years before USA PATRIOT Act.:With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him.
-Robert H. Jackson
Realize this was back in 1940, when the federal body of law was half what it is today.
I would argue that focusing on the last few decades of law is the exact reason why we can't get serious reform. Once the American people wrap their heads around how much and how long they've been screwed over the years, it'll really put the problem into the correct context.
Both parties have given incredible powers to the government over the years, and "the lesser of two evils" mentality is to blame. Once you realize how terribly they both have systematically and deviously plotted and executed their plans to control you, you'll realize that neither of the two can be trusted.
Of course, this all sounds like alarmist melodramatic BS... until you see this.
We were robbed because we were afraid of what our fellow citizens were doing. By bowing to the the pressures of the 'crisis of the day,' we allowed the government to seize control. The alien and sedition acts made it a crime to criticize the federalist government. The FBI was doing (illegal) drive-by shootings on the homes of suspected KKK members. Alleged Communists were "convicted" without proper trial by the hundreds (sometimes 50 at a time). Alleged child molesters have been tracked down and their property searched and seized without proper warrants. Now, with the advent of the terrorist into our country, the executive branch doesn't even need to explain itself when it knocks down your door. -
Re:Yet another thing...
Yet another thing that Congress made illegal and which law enforcement makes no meaningful attempt to enforce. Which means it will go the same way as most of the rest of the US legal code: Never actually enforced until the cops (or the ones holding their leash) really, REALLY want to get someone (for reasons good or for bad); Then a careful search of the legal code is all but gauranteed to reveal something that makes you a criminal.
For more information on this, there is a fantastic Cato Book Forum on this subject.
Here's a great quote from FDR's attorney general, Robert Jackson (mentioned in the video):
With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him. It is in this realm--in which the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes that of being unpopular with the predominant or governing group, being attached to the wrong political views, or being personally obnoxious to or in the way of the prosecutor himself.
Keep in mind, he made that speech, the body of federal criminal law was less than half the size it is today. -
Re:Nice prosecutor
Any prosecutor, in any reasonable system, must have the role described above ("According to Swedish law, the responsibility of the prosecutor is not to get the most severe punishment, but the most appropriate and lawful one. The prosecutor may not even prosecute if he/she is not reasonably sure it will result in a conviction.").
How else could a prosecutor's office work? Would she have to prosecute someone for reckless driving every time she saw it on her way to the office? Could she never decline to prosecute in the interest of justice?
Attorney General Robert Jackson gave a great speech once on the role of federal prosecutors. He was later appointed to the Supreme Court.
He said: "Nothing better can come out of this meeting of law enforcement officers than a rededication to the spirit of fair play and decency that should animate the federal prosecutor. Your positions are of such independence and importance that while you are being diligent, strict, and vigorous in law enforcement you can also afford to be just. Although the government technically loses its case, it has really won if justice has been done. The lawyer in public office is justified in seeking to leave behind him a good record."
The prosecutor is a minister of justice. If the one in your state or county doesn't measure up, hire a new one at the next election. If yours isn't elected, hire a new person for the job that comes with appointment powers. (For what it's worth, note that United States Attorneys are appointed by the President and confirmed by the Senate).