Jan 11, 2011 15:07
You know, for all that I am heavily in favor of judiciary systems, I think legal logic is just a bit fucked up.
I'm looking right now at a case where police went in to drug bust this felon, and found him wearing a bulletproof vest. They charged him for owning it, because federally felons aren't allowed to own bulletproof vests? or something...the article isn't really clear. But anyway, apparently people protested that this violates the commerce clause in the Constitution and Congress overstepped itself with that law, so they decided that they could still arrest this guy because the vest was made, bought by a distributor, and sold in different states, making it subject to federal control. So one lawyer says "that's ridiculous because you could regulate the sales of Hershey's Kisses because they were shipped from Pennsylvania!"
Well, if they being used in a way that could pose grievous bodily harm to people, I should hope so. The point is, there is a GOOD REASON for forbidding felons bulletproof vests. There is not quite so much of a GOOD REASON for controlling the sale of Hershey's Kisses. And I think this happens a lot in legal battles, and what usually happens is that fabulously wealthy people win the opportunity to make them even more wealthy at great social cost, but it would "authoritarian" or "socialist" or kill Bambi's mom if we regulated big business, or things that make sense to regulate, instead of, you know, trusting people not to do bad stuff.