STOP LAWYERS NOW, INC
#1. OPINON PAPER FOR DECEMBER 2020
Topic: The difference between a Law and a Rule and how the difference impacts you. What is the Problem?
For those of you that want a more scholarly definition, I direct you to Google and type in Laws vs. Rules. There you will find many days of reading on the subject. For the most part, these entries are written by academic law instructors and law firms. Of course, the orientation of their writings is from the lawyer perspective and what you need to know is how the two differ in their technical origin. In short, Rules are just acceptable extensions of the umbrella Legislated Law that they further define and were created under. The issue is that Laws are duly created and promulgated by an elected body like a State or Federal legislature. A Rule on the other hand is not duly created nor promulgated by an elected body of the people’s choice. However, if the majority of the elected legislative body are lawyers, which most are, do not expect any changes to how these two distinctly different social guidelines (Laws and Rules) are created. The driving initiative for expanding the use of Rules as opposed to going through the messy system of Legislative Law making the Governments of America have found a much easier and, in their opinion, an equally effective method for controlling what you do as a citizen. So, who makes Rules? The non elected bureaucrats that hold high level Government jobs. That is our problem as citizens and the explosion of Rules in this country. None of these rules are tested by the people’s representatives.
The people that rise to the top of the Government agencies are not being singled out as evil doers. I suggest that they go into those jobs with the mandate and intent to make things better. The question is, for who? Is it the solvency of their agency or is it to try and make America a more perfect society? Both are primary motivating interests. Over the last fifty years that I have been watching, there has no doubt been a huge increase in rules that impact every sector or human life in America. I am sure that the managing bureaucrats think they are providing a significant improvement in the Nations guidelines on how a perfect society should work and what it should look like. Unfortunately, they have seriously overdone it. The real motivating factor is more money for their agency, more employee in their agency, and more power over the citizens. To achieve this goal, they need more money. They disguise this perfect society goal argument by creating more Rules to fashion your behavior and activities. The outcome is that, as you know, you will be fined or incarcerated for not being the perfect citizen that they want you to be. There are too many Rules, Laws and their impact is diminishing citizen freedoms to the point that we are all slaves to a huge and powerful Government.
A good example of the socially unfair applications of Rules is found in every Building and Zoning Book. You can literally be put in jail for years and fined tens of thousands of dollars if you dare violate some Bureaucrats opinion of what he/she thinks is in the best interest of society or in their best interest of being able to better control what you do with your time and money. I know, I have been there. In my case the County in which my business was located had Rules in their Building and Zoning Book that said developers or farmers could not excavate a pond or ponds on their farm property without the strict permission of the Building and Zoning Departments along with a large fee for the permit. The problem in this case is that there was an overriding State Law (The Right to Farm Act) that exempted certified farms from having to follow any municipal or county building and zoning rules that impact how a farm is developed or operated. The State Law by the US Constitution always prevails over lessor jurisdictions. That made no difference to these corrupt Bureaucrats, their County Lawyer colleagues, and two of the County paid Judges; they all disregarded that State Law prevailed and put me out of business because they could and would if our company did not follow their local rules. Unbelievable miscarriage of justice but the Bureaucrats got away with it anyway. The old saying “you can’t fight city hall” is a giveaway for something is amiss. Well that is true but I will add one more point to that old saying. The Bureaucratic power to protect the coffers of the Government is, for most all citizens, totally unaffordable to challenge. The Bureaucracy can play their legal games for ever, using your tax money, while you try to pay a private lawyer to prosecute your case. These Bureaucrats will do anything to win a suit and I mean anything. Following the Law or the U.S. Constitution is not important to them. But as we all know, if you break one of their Rules there is generally no mercy as they will chase you for every penny, they can get out of you. Their goal: money through power.
So how do we fix this problem? First stop electing Lawyers to represent us in the Legislature and Congress. Second, rescind all penalties, financial and otherwise, from all Rules in all forms in America. Rules are fine as general guidelines to live by in a community or in a society, but Bureaucrats cannot be allowed to financially destroy a citizen’s life or their freedom through incarceration for violating one of their non-legislated rules. Rules are not legitimate Laws.
Please let us know of your similar experiences and your opinions on what needs to be done to make this Country fair and equitable for all. Today the lawyer fraternity is largely corrupt as are many of the departments in our government. Lawyers make the rules and they prosecute the rule breakers, that has to stop.
Michael F. McMaster, Editor
