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Go Directly to Jail is about the extension of criminal sanctions to cover acts and omissions that have traditionally been dealt with via the civil justice system. It is edited by Gene Healy and contains contributions from Healy, Erik Luna, James V. DeLong, Timothy Lynch, and Grace-Marie Turner.

The theme of this work is that criminal sanctions have been extended into areas of the law--e.g., the environment and health care--that have traditionally been covered by the civil justice system, and that this extension has negative repercussions for society at large. Not only will this extension necessarily increase the costs of doing business in America (and by extension, the cost of creating jobs), but it also undermines the integrity of the criminal justice system by duplicating sanctions regimes thereby slowing down the court system in general and by undermining the seriousness of criminal sanctions in general by extending the threat of criminal prosecution to actions that most Americans would deem not worthy of such treatment.

The authors also make a very strong point that many of these sanctions are buried inside thousands of pages of governmental regulations that the average American doesn't know exist or that they do not have the resources to read or understand even if they do know that they are out there (even most judges have a hard time understanding the government's regulations in these areas of the law). This undermines the rule-of-law by making unknowing scofflaws of people who want to obey the law. When it is no longer possible for the people to know what the law is, then you cannot honestly say that the country is governed by the rule-of-law.
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Bretzky1 | May 29, 2011 |
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We Americans like to think our republic is unique, that our Constitution has for the most part preserved a form of government that's stacked with checks and balances, representative, and morally superior to the despots, tyrants, and authoritarian regimes that have ruled over most of humanity for most of human history. That's all true. The most important moment in American history is arguably when George Washington declined to run for a third presidential term, despite calls for him to be crowned king, or to serve for life. What's odd, though, is that since then we've come to venerate as "great men" those American presidents who have behaved most like tyrants, and denigrate the few who approached the office with some humility. Gene Healy's book The Cult of the Presidency is scholarly, acerbic, sometimes witty, and ultimately pretty depressing. Healy not only documents and damns the presidents most guilty of expanding the power and influence of the executive branch, he looks at why and how we've come to expect so much of—and invest so much faith in—the occupant of the Oval Office, and why that isn't healthy for our democracy. As we transition from an administration that believed the president has near-plenary powers to one that's promising to lower ocean levels and cure of us cynicism, Healy's book couldn't be more timely, or more important. Historians adore presidents who fought big wars, grew their own power, and broadened the size and scope of the federal government—think Wilson, Lincoln, or either Roosevelt. They have little respect for men like Calvin Coolidge, Grover Cleveland, or Rutherford B. Hayes, men who, as Healy puts it, were content to merely preside over periods of peace and prosperity. Healy's book cautions that it's time to change the way we think about the office of the presidency. There's nothing "great" about aspiring to power, then consolidating, broadening, and wielding it. Kings, tyrants, and politicians have been doing that for all of human history. It's time to define great as the willingness and ability to leave power on the table.
reasonArticles: Excerpt (reason), George Will… (mehr)
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MightyLeaf | May 25, 2010 |

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