Thursday, March 18, 2010
Obama' Revealing Interview on Fox
I can't believe Obama actually did an interview on Fox. Kudos to him for his courage. However, if he was trying to help his cause, I don't think he was successful. The most telling part of the interview that I heard was when Obama said he was not concerned about the process. If our country's chief executive, responsible for enforcing laws, is not concerned with the process, then where does that leave our nation. It is turned upside down. A country's legal system can either be substantive or procedural. For almost 235 years, our constitution has served as the foundation for the procedural system that is our government. The advantage of a procedural system is that it helps to remove the human element from its implementation. A human can rationalize just about anything. Codifying laws and processes help to contain this human impulse. It is a "the means justify the end" type of process. Follow the steps and the result, good or bad, is at least legal. In a court of law, an innocent or guilty person may not receive actual justice. The process may send innocent people to jail or set the guilty free on a technicality. By contrast, many nations have a framework of laws, but the process is much more open to interpretation to those administering the laws. It is substantive in that the end justifies the means. Maybe the process has to be changed here or there, but that is okay so long as the result is what is desired. The problem with this is that the desired result is always up to a person, and a person is unpredictable. What the democrats and Obama are doing is transforming our nation into one that foresakes the process to meet the desires of those in power. Other nations do this, like the USSR, China, North Korea, Cuba, pretty much any south American or African nation. Has the goal of health care been to transform medicine or change the way we create laws.
Posted by jrchaard at 9:08 AM