Comments on: Feeding Bureaucracies

By: Len

Len — Sun, 10 Apr 2011 16:55:49 +0000

Yes, that's the problem is that constitutions are flawed from the get go, and the damage worsens through qualified and absolute immunity.

By: Philosopherking

Philosopherking — Fri, 08 Apr 2011 22:44:37 +0000

OK. I see your point. Government is a kind of social compact but civil courts are really designed for contract disputes between two people. I'm saying the civil courts may not be allowed by law to handle any other kind of litigation simply because it exist for disputes between two people.

Also, most contracts stipulate conditions when they are being violated and penalties. No judge can issue a penalty beyond what the contract says. Constitutions don't state penalties in which a person can be paid when they are being violated. I suppose if you put in something like if person A is taxed to much the state must pay 3X as much back then you can. The remedy for contract violations is always within the contract itself and if there is no stated remedy then their is nothing the courts can do about it.

By: Len

Len — Fri, 08 Apr 2011 12:45:26 +0000

Constitutions aren't contracts? They are instruments whereby power of attorney is given to a government to handle certain matters for the people so authorizing.

By: Philosopherking

Philosopherking — Fri, 08 Apr 2011 02:05:24 +0000

One more thing. The federal government does not write the rules that the states must follow. The tenth amendment specifically says that everything not prohibited by the CONSTITUTION is reserved for the states. The only limitation on the states is written in the constitution and not the federal statutes that they pass. Federal law may limit what people can do but it has no power over the states which means that states are equal with respect to the federal government since neither can dictate to the other what to do.

By: Philosopherking

Philosopherking — Fri, 08 Apr 2011 02:01:24 +0000

No because you should be able to sue only for contract violations. There is no contract between you and the state as you would have between you and someone you are doing business with.

By: Len

Len — Thu, 07 Apr 2011 18:16:57 +0000

Only if they let you, which they will not. You can't even sue them for withholding evidence or wrongful assault, you think they will let you sue them for not doing their job?

By: Tom EE

Tom EE — Thu, 07 Apr 2011 11:18:21 +0000

Question: Can a citizen or group of citizens sue their state government for not standing up against out over-reaching Federal government?

By: Kelly Schutt

Kelly Schutt — Thu, 07 Apr 2011 07:35:33 +0000

Great article!

When you only have a hammer, everything looks like a nail. When you have a giant weapons cache, everything looks like a target. When you have a bureaucracy, everything looks like something to dominate to perpetuate bureaucracy.