by Ian Bayne
Clash Daily Contributor
Did you hear President Obama tell a crowd at a rally, “it isn’t about the law, it’s about the right thing to do”?
Did that confuse you as much as it confused me? I thought the two were the same.
Maybe you’re puzzled when you hear about a woman receiving a $2 million settlement for a spilled cup of hot coffee? How did that happen? Surely she can’t be the only woman to burn herself on McDonald’s coffee? (Liebeck v. McDonalds)
If you listen to talk shows like Bill Handel’s Handel on the Law then you must, like me, wonder, “why is it justice for a gay man to sue the government but stupid for a gun owner to sue the government?”
Handel, being the liberal that he has to be in Los Angeles and in the media, takes the two identical situations and pretends they’re very different.
According to Handel, a gay man suing the government for his “rights” that don’t exist under the Constitution is in a far more advantageous position than a straight man suing the government for his rights as a gun owner, guaranteed by the 2nd Amendment.
Of course, don’t forget he does (or did) a lot of family law business for gay couples adopting.
Forget Bill Handel; actually don’t – I love the guy and he’s kind of a major influence for my own personal radio style. (By the way, thanks, Bill, I got fired from my last radio morning host job for making fun of advertisers the way you do)
Maybe he has a point though? Is law really being practiced? Enforced? Is it fair? And does it even make sense?
As a real estate broker I’m involved in real estate transactions just about every day. When a person is trying to secure a home loan and lies on their application, guess who the government doesn’t prosecute?
When a borrower tries to influence the home value to go up and presents false information to influence a federal transaction, guess who the FBI isn’t investigating?
But when a bank tries to sell a loan to someone with bad information, guess who the government holds accountable? Not the homeowner.
And when a government licensee manufactures information and lies during a transaction, guess who the government is all of a sudden interested in?
The rule of thumb is simple: government cares when 1) someone has money that government can take and 2) people won’t panic when they find out government is taking action.
If government went after every lowlife who lied to a real estate appraiser about something, there’d be a new president and a much larger prison population.
How about last week when we heard about Arnold Schwarzenegger being sued by the family of a prisoner that died in prison while he was governor?
Would the San Francisco Gate newspaper report if I filed charges against Obama for my increase in health insurance premiums?
There’s no difference.
Try promoting your business while walking down the center of a busy street in a major metropolitan area, offering flyers and samples to drivers through car windows.
You’ll be facing unlicensed peddling, endangering the lives of motorists, disturbing the peace, and possibly one or two other things thrown in to make the arrest look more interesting.
But this identical scenario plays out every single day, except the people are panhandlers and the police don’t seem to care about the “safety” of anyone in the street or that solicitation is going on.
And I still haven’t figured out why it’s ok to hire a person under a quota system for being black but not ok to refuse someone a job for being black. Shouldn’t we, like Revered King, be judging someone for the content of their character and not the color of their skin?
Since Bill Handel can’t answer my question I’ll answer it for him. Handel, like other lawyers, have been through the system. They see “what works” in court and what doesn’t, who gets laughed out and who doesn’t, and, for whatever reason, what equality is enforced and what equality is not enforced.
Law has moved away from the document that governs and towards the people and their interests in prosecution or lack of prosecution.
Refusing to prosecute illegals may not be rewriting law but it is changing law.
Our society is moving rapidly towards a mob rule that decides what laws are to be enforced and what laws aren’t, to be determined by popular opinion of television talk hosts and movie producers.
And the word of law, like the word of God, is being literally ignored.
Restoring the rule of law will occur if and only if we can first recognize that it’s being eroded.