Friday, March 20, 2009

Is Law Mandatory?


Washington, having written a farewell address started a trend to be followed by later presidents President Andrew Jackson took a much similar tone to Washington’s Farewell Address “Being about to retire finally from public life, I beg leave to offer you my grateful thanks for the many proofs of kindness and confidence which I have received at your hands.” Jackson kept the same humble tones in speaking of self with foreboding warnings when speaking of the union. Jackson Kept very true to Washington’s ideas, at one point even quoting “The necessity of watching with jealous anxiety for the preservation of the Union was earnestly pressed upon his fellow citizens by the Father of his country in his farewell address. He has there told us ... . that "while experience shall not have demonstrated its impracticability, there will always be reason to distrust the patriotism of those who, in any quarter, may endeavor to weaken its bonds"”. Jackson laid some interesting points to bear that, like Washington’s Farwell Well Address, have a strong effect on today’s politics, one such point that struck me was that law that is passed, must be abided by for government to exist, a common issue of contention into today’s world especially with the financial crisis the country is in today.

Jackson states “But in order to maintain the Union unimpaired, it is absolutely necessary that the laws passed by the constituted authorities should be faithfully executed in every part of the country, and that every good citizen should, at all times, stand ready to put down, with the combined force of the nation, every attempt at unlawful resistance, under whatever pretext it may be made or whatever shape it may assume.” , going on to insist “until the law shall be declared void by the courts or repealed by Congress, no individual or combination of individuals can be justified in forcibly resisting its execution. It is impossible that any Government can continue to exist upon any other principles.” This idea is complimented by Jackson’s belief that “Unconstitutional or oppressive laws may no doubt be passed by Congress, either from erroneous views or the want of due consideration; if they are within the reach of judicial authority, the remedy is easy and peaceful; and if, from the character of the law, it is an abuse of power not within the control of the judiciary, then free discussion and calm appeals to reason and to the justice of the people will not fail to redress the wrong.” thus stating that the power for change to the laws should always be possible and this is why all current laws should be abided.

Unfortunately at those times that “unconstitutional or oppressive laws” are passed the nation finds it harder to abide by them without rage and rash decisions. An example today is the recent American International Group’s (AIG) 165 million dollars in bonuses to their company’s Financial Asset Division after receiving bail out money of 170 billion in tax payer dollars.(NY Times). While people are outraged, “I know it would make me feel good -- shouldn't somebody go to jail?”(Jay Leno, Tonight Show 3.19.2009) the president reminds every one “Here's the dirty little secret, though. Most of the stuff that got us into trouble was perfectly legal. And that is a sign of how much we've got to change our laws -- right?” (President Obama, Tonight Show 3.19.2009). According to Andrew Jackon’s ideas, if we were to follow the public outrage and punish these people, we would risk the government “would cease to be a Government and be unworthy of the name if it had not the power to enforce the execution of its own laws within its own sphere of action.”

All in all it’s a tricky question on where to go from here, and Andrew’s Jacksons farewell address is a good reference to remember, especially before taking rash actions that go against the countries own laws “Despite questions about the legality of the retroactive 90 percent levy, Democrats and some Republicans said the tax on bonuses for traders, executives and bankers earning more than $250,000 was the quickest way to show angry Americans that Congress intended to recoup the extra dollars.”(NY Times), and I hope we can stay true to abiding by our own constitution in our future and avoid setting dangerous precedents for when it’s ok to ignore.

Sources-
American Studies University Of Virginia 19th March, 2009 Andrew Jackson's Farewell Address

Business The New York Times, 20th March, 2009 A.I.G. Planning Huge Bonuses After $170 Billion Bailout

Polotics The New York Times, 20th March, 2009 President Barack Obama on ‘The Tonight Show with Jay Leno’

Business The New York Times, 20th March, 2009 House Approves 90% Tax on Bonuses After Bailouts

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