By golly, thinking up titles is so darn much fun once you get the hang of it!
So, let’s continue with Hazeldia, which is naught but how I believe a government should work–starting from scratch. Today, we will begin with the locality of rule. So here’s the gist: people are different from one another. That’s an obvious point, but it’s one of those that aren’t quite grasped subconsciously by most people. But it’s true, and people should be able to control their own destinies as much as possible.
What’s my suggestion, then? Three laws for the people at the federal level–the three that are universal, no matter what your culture or beliefs: don’t kill, don’t rape, don’t steal (The Boondock Saints rule… not that that’s where I got this from, but they say exactly the same thing). Those crimes will be punished at the federal level only if the crimes or the criminals who committed them cross state boundaries. The states themselves are required to have at least those three in their legislation so that they can deal with such crimes on their own should the criminal not cross state lines.
So here’s a question: is it worth it to be even smaller, and have the states only judge on a case if a criminal crosses city or county boundaries? Should it be up to the states whether or not to allow this, with the inevitability that they will eventually decide upon it being in the hands of the larger body? Frankly, probably not. If a crime and criminal is stationary, the largest government that should handle the case is the county–city might be too small, but then again, look at the difference between people who grew up in downtown Raleigh vs. Cary. Now, that could get complicated, since people can often live in one city and work in another, but perhaps one should say that it moves into the county’s jurisdiction if the person crosses city lines in the act of running from the police. How about we just let that be something to be decided by the counties (you know, people who–unlike me–know something about political science… at least officially).
So, there’s something about having government mostly at a state-level that concerns me–just so we’re clear. Well, there are a couple, but the one of which I currently speak is this: look at Europe. Their countries are no bigger (okay, maybe a tad, but not by much. And they don’t even have anything as big as Texas (I use that instead of Alaska because it’s more populated, too). Got half of Russia, but… well, I’ll just shut up now) than our states, and they’ve still managed a great deal of oppression. That is why even state governments are too big to have any sort of strong reign over the laws of their people. Why should they then be separate from the federal government?
…Good question, actually. I’m not too sure I know, but I can come up with something.
I suppose my first thought would be the punishment of crimes. Let’s say the city/county has its own system of punishment for any laws it wishes to make (we’ll get to that soon), along with the big three. Some can have the death penalty for everything (well, at least the first two. Might need more thought for that) if they so wish, and others can be little sissies and have life in jail be the worst possible sentence. States, further, can have whatever sentence they wish for whatever crime, and the criminal can decide whether or not it would be better to stay put or cross the county line and get the state punishment. Then the federal… ehh… I’m not too keen on them being able to choose whatever punishment they deem worthy of the crime, and would be happier with forcing them to have a median of, “punishment fits the crime” (sort of; perhaps?). That is, death for murder, life in prison for rape, a certain amount of time in jail for theft (depending on the amount stolen or number of people affected). Now, that may not be perfect, and lawyers can easily use their wiley ways to convince a jury that there isn’t enough evidence to convict a federal criminal–I know this; I’m not all that naive, but there is no system free of human error. Perhaps, however, one might say life in prison for murders with lack of certainty, and the others… perhaps once there’s enough to go on trial, you go to jail until proven innocent or for the time for which you would have gone to jail (in the case of theft).
You know, I’ve decided to never, ever go into law. Let me know if you have a better perspective on these things, but just to reiterate, these are only cases in which a one of the big three crimes (or the criminal himself, but only in the process of fleeing custody) crosses state boundaries.
But this will, of course, still have its problems. First, there is an unfairness in how one criminal might have the choice between the sissy-type punishments and, say, the federal median, while others have a choice between the median and certain death. But hey, if you can’t do the time… Another problem arises in the fact that criminals will all be vying for the easier judgements, and might go, specifically, where those are, and there could be more getting off because of that. That’s partially prevented by the “crossing boundaries in the process of fleeing custody” thing–not solved at all, but helped at least a little. I feel that it should only be in the process of fleeing that it should transfer from small to big government because, well, because if, say, someone kills someone in one county and goes to work in another, there was nothing criminal about going to work–only the murder is wrong.
Here, then, we get to a very big problem: peer pressure. Or, in more scientific and less crappy-middle-school-PSA terms, conformity. My concern is this: not only is it a very viable phenomenon on the individual, interpersonal level, but it also works on a governmental scale. One county outlaws, say, smoking in bars (*achem*), and others around it start doing the same. More and more places follow suit, and eventually there are few places left that allow smoking in bars, and any ignoramuses in the counties that allow it start wondering why it hasn’t been outlawed yet there and, like ignoramuses, petition or something to get the law passed. Now, this might not happen absolutely everywhere, but more local government doesn’t quite gurantee preservation of liberty. Its pyramidal system of lawmaking is far less likely to fall than a top-heavy structure (the Great Pyramid has lasted a bit longer than the Lighthouse at Alexandria), but it’s by no means impervious to destruction.
Hence, other regulations upon government must be in place, such as those discussed (and still somewhat under debate from) last week. Suggestions for further refining of Hazeldia (mind you, I’m thinking from tabula rasa. That is, what is the ideal beginning for a civilization, somewhat free from historic influence of Jim Crow laws and hippies and the like? Not what is possible to do from here, but what should happen from the beginning) are always welcome, but for now, I shall leave you, for there is little else to say here. Next post on the topic, however, will quite probably be centered around possession laws–something about which I believe I’ve written at some point, but it never hurts to talk more about this stuff (that, and I just like to type Hazeldia).