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   Bad Law Enforcement = Bad Behavior


By Richard Rowland

We try to avoid most national issues believing that we have more than enough to focus on with Hawaii policy. But here I go with an exception.

I have been wondering -- pondering really -- why the obvious lack of enforcement in immigration laws by the executive branch of the federal government as well as local officials has gotten no attention.

Now, finally, that wonderful clear thinker, columnist Thomas Sowell nails it in “Bordering on Fraud” in http://www.townhall.com 5/23/06. He says:

“Why are people who are so gung ho for punishing employers so utterly silent about needing to punish government officials who openly and deliberately violate federal laws.”

When those responsible for enforcement of laws act as scofflaws, problems start to develop and eventually they introduce deep, dark cancer into society.

Four major problems occur. And they feed on each other.

  • Enforcers begin to pick and choose using their own judgment about what to enforce and what not.
  • Further, they have no obligation (except moral) to advise legislatures and/or executives that they are picking and choosing.
  • Legislators feel no constraints in adding law on top of law with no concern for need for enforcement assets.
  • Power corrupts. Bad enforcement people are empowered to punish those they don’t like by picking out obscure laws to enforce. This invites others to join in. At GRIH we like to say “Bad law drives out good behavior.”
  • The public begins to adopt a “wait and see” attitude on abiding by new laws.

My view as a former enforcer is that crime should include gross non-enforcement by officials. If they wish to cover themselves they should make formal notification to the executive and/or the legislature if a law is not being enforced and why.

Further, if a law has not been enforced (like the law on employers checking ID’s) then the guilty should be allowed leeway or a complete pass.

For our legislature not to address this issue is an affront to an effective civil society.

Richard O. Rowland is president of the Grassroot Institute of Hawaii. He can be reached via email at: mailto:dick@grassrootinstitute.org

 

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