How About Fewer Laws Instead of More?

Several other states have done it, and now Texas is at least considering following their "lead":  Texas Representative Leo Berman has introduced a joint resolution in to prevent Sharia Law from being practiced in the State of Texas.

Well, sort of.  While that is the aim of his bill (HJR 57 ), it is actually written to ensure that Texas courts do not "enforce, consider, or apply a religious or cultural law."  Regardless of the unintended consequences of a law thusly worded (keep in mind that the Ten Commandments are both "religious" and "cultural"; and what would one consider laws against gambling?), it is obvious that we are already protected, at least legally, from such excesses.  The First Amendment establishes what its author called "a wall of separation between church and state", and the Fourteenth Amendment guarantees "equal protection of the laws" to "any person" in "any state".

Of course the predictable counter-argument is that because the courts have often misconstrued or even ignored the actual wording and intent of the Constitution in the past, that they will be prone to do so in the future in favor of the increasing number of Muslim immigrants.

Putting aside that most Muslims immigrating to the United States are doing so to escape state-sponsored oppression in the name of their religion, or that the whole idea of "Blue Laws" and arguments against same-sex marriage are based on "religious" and "cultural" arguments, consider this:  if courts are willing to dismiss the Constitution itself and centuries of jurisprudence, how in the world would a 96-word amendment to the Texas Constitution impede them?  And what might be the unintended consequences of putting these same courts in charge of interpreting and applying this amendment?

Representative Berman's efforts are just the latest in a familiar line:  the answer to any problem is to pass a new law — just a little more government, and we can make things right.  We don't need more laws, we need fewer.  We don't need more government, we need less.  We don't need laws preventing the government from oppressing us (whether on religious or secular grounds), we need the government to do those things that it has the authority to do — and leave the rest to individuals.

 

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