Who Makes Laws?

In a “pure” democracy the majority of voters makes the laws, and the result can be that minorities have no rights at all, hence the term “tyranny of the majority”. In a republic such as ours laws are made by elected officials in bodies called legislatures. This system is breaking down. In response to demands from vocal groups that are funded by billionaire socialists and fronted by spoiled celebrities or teenage bullies, ( this is called mob rule), corporations have decided that they can make de facto laws and indulge in discrimination with impunity as long as they align with the liberals. Why is it acceptable for Dicks Sporting Goods to refuse to sell a legal product (a rifle) to legally qualified buyers (aged 18-20) based on personal opinions (indulging in age discrimination) but it’s not acceptable for a bakery to refuse to bake a cake for a same-sex marriage because it violates the owner’s personal religious beliefs? Regardless of their endless rants against discrimination, liberals clearly believe that discrimination is only bad if it violates their world view, otherwise it’s wonderful. If Dicks can get away with it the liberal judge who ruled against the bakery should be removed from the bench.

Now we have giant banks, notably BOFA and Citi, refusing to do business with legal firearms manufacturers and retailers. This is clearly an effort to shut them down, and if it’s allowed, who will the rich elitists decide to shut down next? As the foundation of commerce banks have a lot of power, and with it comes the responsibility to society to treat all legal enterprises equally. Corporations can do this in communist China, but it shouldn’t be happening here.

There is one sure way to stop bank lawmaking. If the banks have gotten so big that they think they can make de facto laws, it’s time to break up the big banks.

De Facto Dangerous

The term “de facto” simply means that it’s a fact, it exists.  Fifty years ago the South was accused of maintaining de facto school segregation in violation of civil rights laws.  Today Federal agencies are increasingly creating de facto “laws” to bypass Congress or the Constitution.  Here are a two examples.

As it established the Common Core standards, the Education Department insisted that it’s not a Federally mandated curriculum, something that’s prohibited by law.  The standard tests, however, must align with the standards, so the curriculum will eventually have to align with the tests.  The result is a de facto Federal curriculum that will permit only minor tweaking at the state level.

The Department of Justice has labeled certain businesses as “high risk” and is pressuring banks to “choke” their credit.  Banks are complying and even cancelling accounts.  Businesses like adult entertainment, payday loans, and firearms dealers may not be popular with everyone, but they are legal businesses that employ people and pay taxes.  Unless charges are filed and a conviction obtained these businesses are being denied the due process guaranteed by the Constitution.  They are guilty by decree of the department head and must be driven out of business.  It’s de facto denial of  rights without congressional action or court rulings.

There is only one solution.  Congress must assert it’s function as lawmaker and rein in overzealous department heads.

The Federal government isn’t the only one stepping on the Constitution.  Private organizations, including colleges, are increasingly using political correctness as a de facto law to silence free speech.  This isn’t about preventing hate speech or lies, it’s about blocking any views that don’t fit with the ever expanding liberal view of tolerance.  The truth, as long as it’s presented civilly, should not be suppressed under the guise of PC.

If people can’t honestly discuss both sides of an issue they are no longer a free people.