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Jack is a graduate of Rutgers University where he majored in history. His career in the life and health insurance industry involved medical risk selection and brokerage management. Retired in Florida for over two decades after many years in NJ and NY, he occasionally writes, paints, plays poker, participates in play readings and is catching up on Shakespeare, Melville and Joyce, etc.

Monday, March 27, 2023

03-27-2023 - Legalism Versus Politics, Florida's Freedoms, and a Letter

 

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De Tocqueville Nailed it 190 Years Ago 

Conservative columnist Jonah Goldberg, editor-in-chief of The Dispatch, recently quoted Alexis de Tocqueville, the brilliant French observer of American life almost two centuries ago, as saying that ‘there is hardly any political question in the United States that sooner or later does not turn into a judicial question.’  This, I suppose, is why we have a judicial system and lawyers. This is very pertinent today, as this excerpt from a recent column by Goldberg suggests.  It follows:

 ”De Tocqueville’s concern was that the relegation of political questions to the courts results in legalism overpowering other considerations.  The ‘spirit’ of legalism ‘infiltrates all of society’ until ‘the entire people’ acquire ‘the habits and tastes of the magistrate.’

 ‘In each of the modern impeachments (Bill Clinton’s in 1998 and Trump’s in 2019 and 2020), the political debate ended up being monopolized by lawyers and technical questions of criminal guilt.  For instance, on Jan. 6, 2021, Trump may not have violated the legal standard for criminal incitement of violence.  But is the president coming within millimeters of doing so OK?”  

Is this ‘spirit of legalism’ what is keeping so many of those who have committed crimes out of jail?  Where are the indictments which the purloining of classified documents by the defeated former president, his attempts to engineer a change in election results in Georgia, and his paying hush money to hide an adulterous affair just before an imminent election obviously warrant, at least from a political standpoint? 

I’ll tell you where these indictments are. They are buried in our legal system which well serves those who can afford expensive lawyers to manipulate that system. 

Is this a good thing or a bad thing?  My opinion is that no one, including a defeated former president, is above the law, but no one, including a defeated former president, should be deprived of the safeguards of that law either.  Why?  Those safeguards may eventually be needed to protect you and me.

Look to one of the choruses of America, the Beautiful: ‘America, America, God mend thine every flaw, Confirm thy goal with self-control, Thy liberty in law.’

JL

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A Repeated Reminder:  Currently, I am sending out emails to about 60 individuals letting them know each time that a new posting has been published on JacksPotpourri.  Periodically, I ask that any readers of the blog who had not received an email notifying them that a new posting, like this one, had been published let me know so that I might advise them of new postings in the future.  I really would appreciate your doing that.  Reach me at jacklippman18@gmail.com.  Thanks.

Jack Lippman

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Freedom, Florida-Style

The governor of Florida boasts of the freedoms available in the Sunshine State.  What he really means is that in Florida, individuals are freer here to make their own choices in areas like health issues, education, possession of weapons, environmental issues, and election procedures, than they are in other States.  Republican super-majorities in both State legislative houses reinforce his views. 

Of course, there are laws that they must obey, often at the federal level, but in Florida, the general idea is that laws exist to protect people’s rights to behave as they wish, and not put them under the control of a government bureaucracy, even though that bureaucracy’s laws might be for the benefit of the majority of people. Such laws, however noble their aims might be, can lead to dictatorship and Florida’s freedoms aim to stop that from happening.

This is a way of looking at democracy as something which often minimizes the necessity of some laws, particularly as they affect other people, and not just an individual. Such a view of democracy and of freedom is a selfish one.  It is a libertarian one.  It opens the door to anarchy.  But many believe that democracy itself permits them to insist upon having such freedom in order to restrict the freedom of others.

All of us should obey traffic laws.  They exist for the safety of all drivers. Nevertheless, I do understand why some drivers weave in and out, cutting from one lane to another at ninety miles an hour on I-95 or on Florida’s Turnpike.  They are expressing their innate right to do what they want, and so long as they don’t hurt themselves, they feel that’s okay.  (Until a trooper pulls them over.)  They really don’t care about anyone else.  And that is the core of the supposed freedoms available in Florida, not caring about anyone else.

The anyone else’ includes pregnant women, people of color, immigrants, atheists, poor people, and those who believe that traditional gender identity is not immutable.  They might believe in the freedom of choice for themselves, but not for anyone else, who is different from the way they are, or believe differently from the way they believe. 

Florida has nice weather, low taxes, and the ‘freedom’ discussed above.  Only you can change it for the better by voting for the right candidates locally and Statewide.  That will take a very long time, but is it worth a try?  Maybe.  Maybe not. 

JL

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Permit-less Gun Carry in Florida

Here’s the text of a letter I’ve just sent to the Palm Beach Post.  Watch for it there.  I will let you know if they print it.

‘The Republican State legislators who supported House Bill 543 allowing the permitless carrying of weapons by Floridians, supposedly enabling them to better protect themselves and their families, ignore the fact that it is they themselves that have made guns readily available to those from whom Floridians need to protect themselves!  Most of them are too young to remember Walt Kelly's 1970 'Pogo' cartoon pointing out that  'We have met the enemy and he is us.'

JL

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Housekeeping

Blog Alerts: If you are not receiving emails from me alerting you each time there is a new posting on Jackspotpourri, just send me your email address and we’ll see that you do.  And if you are forwarding a posting to someone, you might suggest that they do the same, so they will be similarly alerted.  ( You can pass those email addresses to me by email at   jacklippman18@gmail.com . )

Forwarding PostingsPlease forward this posting to anyone you think might benefit from reading itIf you want to send someone the blog, exactly as you are now seeing it, with all of its bells and whistles, you can just tell folks to check it out by visiting https://jackspotpourri.blogspot.com or by providing a link to that address in your email to them.

There’s another, perhaps easier, method of forwarding it too!   oogle Blogspot, the platform on which Jackspotpourri is prepared, makes that possible.  If you click on the envelope with the arrow at the bottom of every posting, (it looks like this:   ), you will have the opportunity to list up to ten email addresses, along with a comment from you, each of which will receive a link to the textual portion only of the blog that you now are reading, but without the illustrations, colors, variations in typography, or the ‘sidebar’ features such as access to the blog’s archives.

Either way will work, sending them that link or clicking on the envelope at the bottom of this posting.  Again, I urge you to forward this posting to anyone you think might benefit from reading it. 

                             Have a nice day.

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