The American Dilemma and How We Can Fix It

BLOWING SMOKE

If it weren’t for Grand Jury decisions, we might have to focus our attention on Reality TV and Attorney General Holder would have to find other matters which he could address as he heads for the exit.  Actually, if it weren’t for our citizens who break laws, we would have no need for Grand Juries in the first place.  Blessed are the lawless for they shall be called our diversion of the day.

Eric Garner died because he was being apprehended for committing a misdemeanor offense, selling individual untaxed cigarettes on the street without a vendor’s license and the appropriate permitting, and then resisting arrest.  Now the marches commence in New York, protesting his unfortunate death – or more precisely the failure of a Staten Island Grand Jury to return a “True Bill” indicting the NYPD officer who was instrumental in bringing this corpulent man to the ground after he refused to comply with police orders.  Had Garner not engaged in this business in violation of the law, he would be alive today.  But he is portrayed as a victim – and perhaps he is.

With the plethora or laws, rules and regulations that regularly spew from the pulpits of our legislative bodies intended to make sure that we are kept safe from inflicting harm upon ourselves and others (and which incidentally bring in scads of money so that those who make the laws have plenty of cash so that they can continually enact more laws which require more people to write more rules and even more people to turn those into regulations), each of us is probably in violation of some law, rule or regulation which we did not know even existed.  In Mr. Garner’s case, ignorance was not an issue as he had been arrested nine times previously for committing exactly the same offense and twenty-two times for other infractions.

But it is fair to ask, in the greater scheme of things, is selling a loose cigarette on the street a “crime” of the same magnitude as stealing a car, beating up an old woman and snatching her handbag, raping a fourteen year old or murdering someone?  I think we would all agree that Mr. Garner’s offense was pretty minor – and our police departments would better serve our communities focusing their attention on crimes that are a serious threat to the common good.  But there’s that nasty law on the books banning the activity in which Mr. Garner engaged and the police are required to enforce it.  Otherwise, they would certainly be accused of dereliction of duty.

Sen. Rand Paul (R – KY) may rightly point to the true cause of Mr. Garner’s death as being the politicians who micro-manage our lives, have raised the taxes levied on a pack of cigarettes in New York to the highest in the country and created the economic environment which makes engaging in selling “loosies” a modestly lucrative business.  Those in positions of public office who believe they know better for us than we ourselves, will undoubtedly miss the point of the senator’s comments.  Missing the point has become the platform for many of them.

This death, together with the death of Michael Brown have caused these same politicos (and their supporters who apparently have no jobs to which they can go and thus the time to demonstrate) to raise the question of the fairness of the justice system.  That is a reasonable question and one which we should re-examine periodically to insure that justice is indeed blind but fair.  According to those chanting their mantras in New York and elsewhere, the system is biased against black Americans – Mr. Garner being its latest victim.  The call was taken up by Mayor Bill de (Blah Blah) Blasio in citing centuries of racial prejudice – although it is as unclear in this case as in Brown’s that any racial element exists other than that both of the lawbreakers happened to be African-Americans.

Ironically, word is on the street that Mr. Garner’s widow is contemplating filing a “wrongful death” suit against the city to the tune of $75 Million – an amount that might realistically exceed the late Mr. Garner’s lifetime earnings potential by about $75 Million.  Of course, the lawyers in the sharkskin suits are all probably salivating at the potential of collecting their third of whatever amount will be awarded – and there is no doubt there will be a judgment in some amount in her favor.  This is the “zakat” that all Americans must pay for the injustices of two centuries past – or at least that seems to be the thematic basis for liberal thinking.  And it will ultimately be awarded by the same “unfair” justice system against which the protestors demonstrate.

Fortunately for the City of New York, when a judgment comes down in Mrs. Garner’s favor, the politicians can simply float yet another bond issue to cover the amount of the award.  Or they can just raise the excise tax on cigarettes a few cents a pack to take care of it.

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