29th April 2010
Andy McCarthy is always worth reading.
The consent of the governed, it is worth remembering, is the only just source of the power that government wields in a free society. One cannot consent to what one cannot know. Thus, there can be no legitimate government if, as Madison put it in Federalist No. 62, “the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes, that no man who knows what the law is today, can guess what it will be tomorrow.”
Maybe that’s the Obama administration’s problem with Arizona’s new law: It is too short (16 pages), too clear, and too reflective of the popular will. Unlike the social scientists in Nancy Pelosi’s federal laboratory, state lawmakers didn’t need to pass the law first in order to find out what was in it. Essentially, it criminalizes (as a state misdemeanor) something that is already illegal (namely, being present in the United States in violation of federal law), and it directs law-enforcement officers to, yes, enforce the law. Democrats and their media echo-chamber regard this as radical; for most of us, it is what’s known as common sense.
And here’s another commonsense proposition: A government that abdicates our national defense against outside forces is no longer a government worth having.