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I think there is a disagreement here about what you're saying. There are two possible interpretations of this line of argument.
This is what I think you intend to say.
This is what everyone else hears.
I think it's pretty clear that there's more to power than the text of the law. The Republicans seem to have decided to adopt a totally adversarial, zero-sum stance. They seem to have decided that any compromise with the Democrats is a strategic error. They seem to have decided to fight this battle through personnel rather than legislation.
Can you blame them?
I have yet to see any evidence that the text of the law matters at all. Not just in America but in every country, and not just laws but all written rules and regulations.
Personally, I suspect that approximately 99% of the population is functionally illiterate and operating on the level of the collective psychic unconscious. Rather than "reading" the "text" of the "laws," people simply synchronize their psychic emanations to establish what the majority of those present think the law ought to be, then act as if that was the text of the law. Only on very rare occasions does anyone bother to read what's written down, and when they do their ability to comprehend seems to be garbled by the still-present influence of the collective unconscious.
This is the only way I can explain the current interpretation of the Second Amendment of the US Constitution, among other things. If anyone was capable of reading it then surely they would understand the meaning of SHALL NOT BE INFRINGED. Since clearly they do not understand and continue to infringe regardless, they must not actually be reading it.
What's the point of writing pages upon pages of legal documents when you know full well that it will only be used as fodder for willful misunderstanding? The text of the law doesn't matter at all. The only thing that matters is who is in the room deciding how to misinterpret that text to favor them.
The Republicans have finally overcome their confusion and started fighting on the real battlefield. They've put their own people in place, and now they're the ones deciding which laws to ignore. They're deporting citizens, violating privacy, closing down whole government departments, and they're having a blast. Why backtrack now?
Seriously though. In a country where DAs routinely refuse to prosecute shoplifters because they're ideologically opposed to the concept of law enforcement, what in the world gave you the impression that laws matter in any way?
"Cease quoting laws to those of us with swords." -Pompey Magnus
My argument is not that no laws are ever enforced. My argument is that law enforcers will do whatever they like and then justify it by whimsically reinterpreting the laws as they see fit. If the law matches what they want to do then that's fine, they can play along. If the law doesn't match what they want to do, it gets reinterpreted. Therefore, just counting up a bunch of instances in which the law was seemingly enforced means nothing, because there will be plenty of situations in which the text of the law lines up with what those enforcing the laws feel like doing that day. That doesn't change the fact that those same enforcers could just as easily have chosen not to enforce the law, if they felt like it.
The text of the law is a red herring. The person deciding how to enforce the law is the only one with real power.
It's an observation, not a theory. You can't falsify an observation.
However, I suppose if every single person who was involved in Epstein's pedophile ring was arrested, convicted, and imprisoned (this would include many prominent political figures) I would stop observing that law enforcement is arbitrary and that the pure text of the law has no ability to prevent the rich and powerful from doing whatever they want whenever they want.
Prosecutorial discretion means that prosecutors can freely choose whether or not to enforce the law. Police and FBI have similar latitude in what they choose to investigate. This discretion is used frequently and whimsically, and often has the effect of de-facto legalizing certain crimes for certain people (white people smoking pot, rich people fucking kids, shoplifting in San Francisco, etc). This isn't a theory to be falsified, this is a well-documented fact.
Is this actually true? This sounds false to me. Can you actually write a law that can be enforced without the need for a trial? If so, people are definitely sleeping on this hot new strategy.
I guess the answer is that you have ICE round people up and deport them to El Salvador without a trial. Which, amazingly, is the exact strategy the Trump administration has hit upon. And they didn't even need to pass any legislation to do it!
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