The US is going through a fundamental political and economic transformation. This process didn’t start with the terrorists acts on Sep 11, they were only an accelerating factor. Some of the more recent events include the pre-9/11 repeal of Glass-Steagall and the post-9/11 encroachments on the Constitution – like the Patriot Act and the NDAA-FY-2012.
Ambiguous and confusing wording is the hallmark of modern legislation, a disturbing trend in itself. A law that can be read both ways probably will, it can also be used to slowly make inroads into territory unacceptable for the public. In theory, the authors of such bills are accountable before the voters. The scope of that accountability is rather small – being voted out of office isn’t much of a punishment in a world where lobbyists and special interests can provide money and jobs to their political proteges. In addition, the twisted and long-winded statutes provide some cover for the representatives unwilling to serve honestly, it becomes hard and costly to figure out the meaning, consequences and quality of their work. Nevertheless, the theoretical chance of accountability is there, with some effort, the voters could learn to avoid candidates with a history of confusing regulation. Such candidates can be rejected on that basis alone, without even bothering to figure out what its hidden behind the piles of legalese. That evil isn’t that hard to spot, simply there isn’t much awareness about it.
Unfortunately, the situation with judicial decisions is even worse. For example, the recent “Citizens United” ruling of the Supreme Court is in fact legislation, produced by people who cannot be voted out of office, even theoretically. Thus, the problem of law-making judiciary is probably the first one to be concerned about. There are at least three reasons for this: First, it violates the separation of powers. Second, it allows the legislative branch to play the blame game – to write confusing bills and blame the judges when they “interpret” them arbitrarily. Third, it is a sign of insufficient checks and balances, of blurred responsibilities.
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