No one likes kidnapping, child abuse, mail fraud-Maybe it would be good if president banned them...
....a question for all the well-meaning people who praise President Obama for banning torture:
Would you also find it helpful for the president to ban kidnapping? Child abuse? Mail fraud?
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But of course, it would be incoherent to talk of the president banning such practicesbecause these things are all illegal. And in a democracyin a country under the rule of lawthe president has no more power to prohibit whats illegal than he does to permit it.
Fair enough, you might say, but isnt banning whats already illegal just kind of a suspenders-and-a-belt thing? A bit of emphasis, an arguably redundant exclamation point?
No, its not. Purporting to ban what is already illegal is in fact terribly insidious. And heres why, in two axioms.
1. What fundamentally makes something a law is that if you violate it, you will face punishment.
2. What one president can prohibit, another can permit.
Put these two concepts together, and what do you get when a president reacts to governmental law-breaking by: (1) not prosecuting anyone involved; and (2) instead banning what they did?
What you get is not a proscription of law, but a policy of choice.
https://pressfreedomfoundation.org/blog/2014/08/dont-cheer-obamas-ban-torture