Monday, May 9, 2011

Three More Safety Valves

In addition to the list earlier, here are 3 more uniquely USA items...

1. Home rule laws.  Towns can overthrow all county state and fed laws. Here they do so with raw milk.  You can tell when you cross the border into Louisiana, the freeway has potholes.  Louisiana goes its own way on so many items that they are denied fed funds for roads.  Going your own way has consequences, but it can be done.

2. Private Attorneys General.  In the 19th century most of the criminal prosecutions were pursued by private individuals in courts.  With the growth of the state, this important function was taken over by Government, and became politicized.  There are also qui tam cases to this day. Someone misbehaving in a way that harms the entire community, but the govt not doing anything about it?  Handle it yourself!  Environmental problems, police brutality, gang activity, securities fraud... bring a properly formatted case to the judge, and you to can be a prosecutor. (Although a state prosecutor may step in at the last minute for the glory.) Usually, you (the affected parties) can get 25% of any damages, and he govt gets 75%.  It is not a class action suit, but it must be for a group against some malefactors.

3. Citizen Arrest and Bounty Hunters.  So now you have a criminal case, and warrants, but what if the cops won't help you go round up the bad guys.  Citizens can make arrests in USA, and pursuant to a bond violation, bounty hunters can make re-arrests.  I've made a half dozen arrests myself in my crime fighting days, and my insurance carrier includes "false arrest" insurance on me.  What?  Are they worried I'll screw it up?  There are enough of us who love confrontation to keep the malefactor in line, without police.  We are called, dads, brothers, uncles, friends...

Update, 4.

Who protects our shipping.  Private companies.  http://constitution.org/mil/lmr/marque_it.htm


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