Tuesday, November 2, 2010

An interesting test for laws and regulations


Joe Huffman has come up with a very interesting test which he applies to any law or regulation, to see whether it's acceptable or not. Basically, if it infringes upon the freedom of the individual to an unacceptable degree, it's not acceptable to him. He writes:

People tend to understand the importance of freedom of speech and the freedom of the press pretty well and some of the other rights guaranteed by the Bill of Rights. But the Second Amendment was and is viewed as unimportant and perhaps even counterproductive by many in today's society. I explained to the others in my little band of activists that I looked at all laws that restricted freedom with a view to the impact it would have in a worst case scenario of our government run amok. Will this law make it difficult or impossible to protect innocent life from a government intent on their imprisonment or death? Although I pretty much made everything up on the spot I told them I called this test my "Jews In The Attic Test". Furthermore I told them that if it fails this test no further discussion is really needed, the law must be opposed in the most vigorous manner possible.

Some laws that fail the test and why:

  • Government mandated ID cards and the authority to demand them at any time. The oppressed class will be unable to masquerade as a member of the neutral or oppressor classes.
  • Searches without probable cause. Imagine you are attempting to smuggle your "Jews in the attic" to a safer hiding place. If the police at the roadblock can search all vehicles then you and your precious cargo are headed to the "work camps".
  • Government monopoly on medical care. This is a bit surprising -- isn't it? If it is illegal for you to pay someone for anonymous health care then how can your "Jews in the attic" receive health care?
  • Firearm or firearm owner registration. The registration information can be used to confiscate the firearms used to protect innocent life -- as it was under the 1938 Weapons Control Act in Nazi Germany.
  • Elimination or severe restriction of anonymous financial transactions. The purchase of food and other supplies for your "Jews in the attic" would show up in the records as being excessive compared to what your needs were. Just as power consumption records are used today to catch home marijuana growers.

I continue to use this test to this day and advocate it's widespread use by others.


There's more at the link.

I must admit, I like Mr. Huffman's 'Jews In The Attic test'. What say you, readers? Does this make sense to you? And, if it does, how can we make our politicians apply this test before they pass unduly oppressive or restrictive laws?

Peter

5 comments:

Anonymous said...

That's quite good.

I've also heard of the "Grandmother Test"- Would you arrest your grandmother for doing it?

Anonymous said...

But is this all self-referential? By definition, a government 'run amok' would not honor any laws to restrict its reach, correct?

Anonymous said...

So ... removing the (very pretty) emotional trappings of this test yields a "can you live off the grid" test?

Bob@thenest said...

The premise seems to be "The government is not your friend." Seems to me some pretty good footing for a start -- not the be-all-end-all, but a start.

tpmoney said...

Indeed it's only a start. Here in NC, they recently passed an amendment to the state constitution which bars ex-felons from being able to serve as sheriff, regardless of the will of the voter. As near as I can tell, this horrible law passes the attic test, but still unreasonably encroaches on the rights of the citizens.