Is a law that's not enforced still the law?

[Captain Adverse]

I respect you have a point of view, which I respectfully consider to be nonsense. Thanks for the discussion, but it's run its course.

I'm truly sorry you feel that way. The fact is that as long as American Indians have "reservations" they are considered semi-autonomous nations. They exist in both Canada and the USA by "treaty," just like any other treaty our governments agree to with other foreign nations. That's probably why your government is treating them with kid gloves, rather than lumping them together with "common criminals" as you seem to consider them.

I don't condone violent action under normal conditions. However, I was a soldier and understand as a "warrior" of my nation I could be called upon to go to war. I know it sounds foolish, and in truth if any native american tribe actually did go to "real war" with either the USA or Canada they would be crushed...But sometimes, like our own "Wounded Knee" incident back in 1973, a man's gotta do what a man's gotta do.

No hard feelings though.

 

[CanadaJohn]

I'm truly sorry you feel that way. The fact is that as long as American Indians have "reservations" they are considered semi-autonomous nations. They exist in both Canada and the USA by "treaty," just like any other treaty our governments agree to with other foreign nations. That's probably why your government is treating them with kid gloves, rather than lumping them together with "common criminals" as you seem to consider them.

I don't condone violent action under normal conditions. However, I was a soldier and understand as a "warrior" of my nation I could be called upon to go to war. I know it sounds foolish, and in truth if any native american tribe actually did go to "real war" with either the USA or Canada they would be crushed...But sometimes, like our own "Wounded Knee" incident back in 1973, a man's gotta do what a man's gotta do.

No hard feelings though.

No hard feelings - just sadness, that a proud heritage is followed by dime store thugs who bring shame to their history and sadness that we have a government that doesn't just round them up and put them in jail for the crimes they commit. The more we condone their expressions of victimhood, the more they will express themselves in anti-social, anti-civilized manners.

 

[Wehrwolfen]

I was looking at list of older "stupid" laws (sodomy, enforcement of church attandance, etc) that are still on the books but are never enforced. And was woundering if State/Local/Federal Goverments are createing books worth of new laws every year are all the laws equal?

Should we still be held accountable for all of the laws that are in the books or just the ones that are enforced?

Who chooses which are which?

We don't have to go far to see there's a problem here. Look at the way the Illegal Aliens are allowed to stay in America, when the law says different. Just look at the sanctuary cities.

 

[lawboy]

I was looking at list of older "stupid" laws (sodomy, enforcement of church attandance, etc) that are still on the books but are never enforced. And was woundering if State/Local/Federal Goverments are createing books worth of new laws every year are all the laws equal?

Should we still be held accountable for all of the laws that are in the books or just the ones that are enforced?

Who chooses which are which?

Laws, such as those "silly" laws, even though still technically on the books are known as DESUETUDE in nature, and generally have "impliedly" repealed themselves and would be difficult to prosecute.

 

[lawboy]

Mostly they are unconstitutional, so they are unenforceable.



It's as simple as whether or not a prosecutor actually thinks they could convict you for it. There are even constitutional laws, like j-walking, that are practically unenforceable, because no one will ever actually be convicted for it. Common sense is the ideal measure to decide which is which; since nobody has the same common sense (it's never really common), we have different ideas of what should be a "stupid" law and which shouldn't.

Brown here was stopped for jaywalking. This case makes it clear OHIO does NOT follow Atwater's ruling, as a side note.

http://www.sconet.state.oh.us/rod/docs/pdf/0/2003/2003-ohio-3931.pdf

 

[Ray410]

Make the nice policeman mad enough and you'll find out which obscure laws get enforced.

 

[vasuderatorrent]

I was looking at list of older "stupid" laws (sodomy, enforcement of church attandance, etc) that are still on the books but are never enforced. And was woundering if State/Local/Federal Goverments are createing books worth of new laws every year are all the laws equal?

Should we still be held accountable for all of the laws that are in the books or just the ones that are enforced?

Who chooses which are which?

Laws that aren't enforced become jokes.